Decided on March 07,2020



- (1.) By the Bench The appellant Sonu Challan faced trial in the Court of learned Additional Sessions Judge, Malkangiri in Sessions Case No.07 of 2001 for the offence punishable under section 302 of the Indian Penal Code on the accusation that on 20.07.2000 at about 5.00 p.m. in village Totaguda, he committed murder of his younger brother's wife namely Laxmi Challan (hereafter 'the deceased'). The learned trial Court vide impugned judgment and order dated 27.03.2003 found the appellant guilty under section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.
(2.) The prosecution case, as per the first information report lodged by P.W.1 Subash Challan, husband of the deceased before the officer in charge of Orkel police station on 21.07.2000 is that on that day at about 2.00 p.m., while he had been to village Gopalpur to the house of Sima Sahukar to get some loan amount from him and waiting there, at about 6.00 p.m., he got the message from one Shyama Kirsani that while the deceased was working in the maize field, at about 5.00 p.m. the appellant who is his elder brother came there being armed with a tangia and threatened the deceased and asked her about the whereabouts of the informant. When the deceased replied that the informant was not there in the house, the appellant dealt four to five blows by means of the tangia which he was holding on the neck, back, shoulder and head of the deceased, as a result of which the deceased succumbed to the injuries at the spot. After killing the deceased, the appellant left that place holding tangia. Hearing this news from Shyama Kirsani, the informant rushed to the spot and found the deceased lying dead in the maize field and she had sustained bleeding injuries on different parts of the body. It is further stated in the first information report that the assault was seen by P.W.2 Raila Sisa and one Shyama Sisa and others. It is further stated that since five to six years back, the appellant had wrongfully confined the informant, the deceased and his own wife inside a room and set fire to the house locking the door from outside and in that case he was in custody for about nine to ten months. On the basis of such first information report, Orkel P.S. Case No.51 of 2000 was registered under section 302 of the Indian Penal Code against the appellant. One Gopinath Kirsani, S.I. of police attached to Orkel police station took up investigation of the case and he prepared the inquest report vide Ext.1, effected seizure of blood stained earth and sample earth from the spot vide seizure list Ext.2. He sent the dead body for post mortem examination and also effected seizure of the wearing apparels of the deceased under seizure list Ext.3. The appellant was arrested and on his production, one blood stained tangia was seized vide seizure list Ext.9. The wearing apparels of the appellant were also seized under seizure list Ext.10. The spot map was prepared. The seized exhibits were forwarded to R.F.S.L., Berhampur through learned S.D.J.M., Malkangiri and chemical examination report (Ext.13) was received. P.W.11 Laxmidhar Dalai took over charge of investigation and on completion of investigation, he submitted charge sheet against the appellant on 16.11.2000.
(3.) After submission of charge sheet, the case was committed to the Court of Session for trial observing due committal procedure where the appellant was charged under section 302 of the Indian Penal Code on 19.11.2001 and since he refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.;

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