KASTU TOO ALIAS MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Sessions Judge, Sundargath, convicting the appellant under Sections 302 and 201 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) Prosecution case in short is that P.W. 3, Bhainri alias Kamala was married to the appellant and both of them were living in village Saraphgarh, within Lephripara Police Station of Sundargarh district. The deceased along with his parents was also a resident of the same village. The deceased and P.W. 3 fell in love and eloped. They returned to the village after about a fortnight. At the instance of the appellant, a caste meeting was convened in which it was decided by the Panches that the appellant would be excommunicated and P.W.3 shall be kept by the deceased. In the night between 17th and 18th June, 1984 the deceased and P.W. 3 were sleeping in the inner room of the house. His parents were sleeping in the outer room. At about 10.00 p.m. sounds emanated from the inner room where the deceased and P.W. 3 were sleeping. P.W. 1, father of the deceased went inside the said room and found his son lying dead in a pool of blood having marks of incised injuries on his neck. Next day in the morning, he came to Lephripara Police Station and lodged F.I.R. (Ext. 5). Investigation commenced and the dead body of the deceased was sent for postmonem examination. The appellant was no where to be found, because he had absconded. A few day after, he was arrested and N.O. 1. an axe (Budia) was seized from him. After close of investigation, charge-sheet was submitted.

(3.) Defence of the appellant was that he was not the perpetrator of the murder of the deceased, and a false case was brought against him,