SURESH @ SURSU PODHA Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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A. K. Mishra, J. -
(1.) In this appeal under Sec.383 Cr.P.C. the sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short 'the I.P.C.') and sentence to undergo imprisonment for life by the learned Sessions Judge, Phulbani in his judgment dtd.26.03.2008 passed in Sessions Trial No.23 of 2006.
(2.) The case of the prosecution, in short, is that accused married the deceased ten years back of the incident and both of them were blessed with two daughters. On 24/25.11.2005 night the deceased and accused were sleeping in a room where the deceased was found to have been murdered and the father of the deceased P.W.4 lodged F.I.R. (Ext.6), whereafter inquest was made, so also post mortem examination. The doctor P.W.7 found 13 incised injuries and gave opinion that cumulatively all the injuries were fatal. The investigating officer seized the weapon of offence, axe which was sent for chemical examination. After completion of investigation, charge-sheet was submitted U/s.302 of I.P.C. The case was committed to the court of Sessions and accused faced trial for the aforesaid charge.
(3.) Defence plea was legal insanity and in support of this plea, defence unsuccessfully examined two witness as D.Ws.1 and 2.
3-A. In support of its case, prosecution examined 9 witnesses in all including the eye witness P.W.1, the brother of the accused. The mother of accused P.W.2 is a post occurrence witness. P.Ws.3 and 5 are witnesses to seizure. P.Ws.8 and 9 are investigating officers. P.W.7 is the doctor who conducted post mortem examination vide Ext.10. Sixteen documents including F.I.R., P.M. report, etc. are exhibited by prosecution. The seized axe and wearing apparels were marked as M.O.I and M.O.V.;
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