BUDHAN MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present appellant having been convicted for commission of an offence under Section 302 of the Indian Penal Code ( in short 'IPC') and sentenced to imprisonment for life by the learned Additional Sessions Judge, Rairangpur in S.T. Case No.20/81 of 2000, has preferred this appeal.

(2.) CASE of the prosecution, bereft of unnecessary details, is as follows:- It is alleged that on 18.12.1999 around 4 P.M., the appellant, who happens to be the brother-in-law of the informant- Champai Soren (P.W.1), asked the deceased-Duli Majhi to cook and feed Ghandacha Majhi, the elder brother-in-law of P.W.1 and his son-in-law. But the deceased, who was highly intoxicated then, refused to cook and told the appellant that he himself should prepare the food. It is alleged that Ghandacha Majhi and his son-in-law when left for their village, the appellant being enraged, assaulted the deceased to her abdomen and chest with a wooden 'Pidhha' for which the deceased breathed her last. On hearing the cry of the mother of P.W.1, Chhita, Dulari, Gouri, Gogan and others arrived at the spot. On getting the information, P.W.1 the informant proceeded to the house of Lalmohan Lohar (P.W.6), Gramarakhi of the village and reported the incident and as per his advice and other villagers, P.W.1 proceeded to Gorumahisani Police Station and orally reported about the incident, which was reduced into writing. Police on receipt of the said information, registered a case under Section 302 of IPC against the appellant and proceeded with the investigation. On completion of investigation getting prima facie materials, charge-sheet was placed against the appellant to stand his trial. The plea of appellant was complete denial of the occurrence and it was his further plea that he has been falsely implicated.