Decided on October 22,1973

Makra Singh Appellant
THE STATE Respondents


S.Acharya, J - (1.) THE Appellant stands convicted under Section 302, Indian Penal Code, and has been sentenced thereunder to undergo R.I. for life.
(2.) THE prosecution case in short is that on the date of occurrence (14 -8 -1962) the accused returned from the river after bath and asked his wife, deceased Sombari, to give him some food. Sombari, who at that time was sweeping the floor for husking paddy, delayed in giving food to her husband, as a result of which the accused suddenly got infuriated and pulled out a wooden pole (M.O. I) from the thatch of his house and dealt a blow on the head of Sombari, who, on receiving the blow, fell down on the ground. The accused then picked up a spade (M.O. II) lying near about that place and inflicted two blows with its sharp edge on the neck of Sombari and severed her head from the body. P.w. 2, on seeing all this, ran to the house of p.w. 1, the brother of the accused, and intimated to him that the accused killed Sombari in the aforesaid manner. P.w. 1 came to the house of the accused along with the Village Chowkidar and found that Sombari had been beheaded and the accused was sitting on a Charpois which had been placed over two other Charpois one upon the other. P.w. 1 and the Village Chowkidar asked the villagers to keep a watch over the deadbody and the accused, and they proceeded to the Baripada police station to report the matter. The accused, after police investigation and the commitment proceeding, was tried for a charge under Section 302, Indian Penal Code, of which he stands convicted as stated above.
(3.) THE accused denied his complicity in this crime. From the trend of the cross -examination it appears that a case under Section 84, Indian Penal Code, on the stand that at the time of the occurrence the accused was subjected to a sudden fit of insanity due to which he had no knowledge of what he was doing, was seriously advanced on behalf of the accused.;

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