BIRENDRA MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against a judgment dtd. 8/1/2009 passed by the Sessions Judge, Phulbani in S.T. No.30 of 2008 convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to rigorous imprisonment (RI) for life and to pay a fine of Rs.500.00 in default to undergo RI for six months.

(2.) The case of the prosecution is that on 21/9/2007 the Informant Ugresena Behera (PW 1) and his brother-in-law (sister 's husband) i.e. deceased Suresana Behera were cultivating the land of PW 1. Thereafter PW 1 returned to his house to milch the cows. The deceased continued cultivation for some time and later took the cattle for tending at the nearby field. At about 9 am when PW 1 was returning to his field from his house, in the way one Jalandhara Behera (PW 2) informed PW 1 that the accused had cut the deceased into pieces by a tangia.

(3.) PW 1 then went to the spot which is locally known as Balipadar. He followed the accused proceeding towards his house holding the tangia and one umbrella. PW 1 with the help of Anjan Behera (PW 5), Uma Charan Behera (PW 7) and one Pradip Kumar Behera (PW 3) attempted to snatch away the tangia from the accused. Upon this the Accused dealt a tangia blow on PW 5. In the process of snatching the axe, PW 3 also sustained injuries. When PW 7 attempted to snatch the tangia from the hand of the accused, the latter pressed his neck and assaulted him. Thereafter, the accused was over powered by PW 1 and others. The tangia and umbrella were snatched from him and handed over to the Ward Member namely, Uday Nath Mallick.