SARAT CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE accused, appellant herein, faced trial under Section 302 of the Indian Penal Code (in short, '1PC') for allegedly having committed murder of Buli Sahu (hereinafter referred to as 'deceased'). The learned Sessions Judge, Cuttack, on appreciation of evidence led during trial, held the accused guilty of the charge and subsequently sentenced him to undergo imprisonment for life.

(2.) FACTUAL MATRIX : The accused had evil eye on the deceased and was making overtures towards her. On 13.12.1990 he came to her house and articulated his desire to her mother - Jhali Dei, PW 2 that he will kidnap and forcibly marry her. To this, PW 2 objected and called Panu Sahu (PW 1), her husband's brother, and disclosed the intention of the accused. PW 1 reprimanded the accused whereupon he left the place. PW 2 then went to Saar Sahi to send for her husband, who had gone to Cuttack and asked PW 1 to keep watch over the deceased. Some time after PW 1 went for urination and the meanwhile he heard cries emanating from the house of PW 2. He rushed there and found accused fleeing away with a knife in his hand. He entered inside the house and found the deceased lying with bleeding injury and was gasping. On his inquiry, his daughter and niece who were present there stated that the accused came to the house, put vermilion on the head of the deceased and forced her to accompany him. When the deceased refused and rubbed off the vermilion mark, accused stabbed a knife into her throat and fled away. He approached the Sarpanch of the village and requested him to report the matter at Khuntuni Outpost. Accordingly the Sarpanch informed at the Outpost and on the very day at about 11 p.m. Officer -in -charge, Gurudijhatia P.S. along with some other police officials came to the house of the deceased where PW 1 lodged a written report (Ext. 1) on the basis of which a case under Section 302, IPC was registered and investigation commenced. In course of investigation, the Investigating Officer, PW 9 held inquest over the dead body of the deceased, sent the same for post -mortem examination, seized a pair of chapal which allegedly belonged to the accused, examined the witnesses, also seized blood stained earth, unsustained earth and after completion of investigation placed charge -sheet against the accused to stand his trial for the offence Under Section 302, IPC.

(3.) AT the time of hearing of the appeal, counsel for the appellant did not turn up to advance argument assailing the judgment and order passed by the trial Court. Since the accused remained unrepresented, we heard Shri Behera, learned Additional Govt. Advocate, at length and meticulously scrutinises the evidence to arrive at our own conclusion uninfluenced by the findings recorded by the trial Court.