BAMHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 17/10/2015 passed by the learned Additional Sessions Judge, Sundergarh, in S.T. Case No.54/02 of 2013 arising out of G.R. Case No.816 of 2012 corresponding to Kinjirkela P.S. Case No.69 of 2012 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Sundergarh. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302 of the Indian Penal Code, 1860 (for short, 'the IPC'). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 (Rupees Ten Thousand) in default to undergo rigorous imprisonment for two (2) years for the offence under Sec. 302 of the IPC.

(2.) Prosecution Case:- On 8/10/2012 during noon hour, the mother, aunt and wife of Birsa Xaxa (informant-P.W.1) were harvesting paddy in the field. During then, the father of Birsa (informant-P.W.1), namely, Makunda Xaxa was grazing cattle on a nearby small hillock. The accused, who happens to be his father's brother's son, went near his father being armed with an axe and struck at the back side of his head by the said axe. Receiving the blow, he fell on the ground and then it is said that the accused went on assaulting him by means of the said axe. The mother of the informant (P.W.6), wife of the informant (P.W.4) and the aunt of the informant came near him. The wife of the informant (P.W.6) told everything about the incident to him. Thereafter, the informant (P.W.1) went to the spot with his wife (P.W.6) and they brought Makund lying injured on the hillock to their house. The matter, being reported by the informant (P.W.1) with the Officer-in-Charge (O.I.C.) of Kinjirkela P.S., he treated the same as FIR and registering the case, directed one Sub-Inspector (S.I.) of Police of that P.S. (P.W.8) to take up the investigation. In course of investigation, the I.O. (P.W.8), examined the informant (P.W.1) and the person, who had scribed the FIR (Ext.1), namely, Sumanta Lakra (P.W.2). It is stated that the accused voluntarily appeared before the I.O. (P.W.8) with a blood stained axe and disclosed to have killed the deceased on account of civil dispute. The blood stained axe was then seized under seizure list (Ext.4). The I.O. (P.W.8) then proceeded to the spot and prepared the spot map (Ext.11). The dead body of Makunda being taken to the house, the I.O. (P.W.8) went there and held inquest over the same and prepared the report (Ext.3). The dead body was then sent for post mortem examination. The incriminating articles were seized from the spot. The accused thereafter, being arrested was forwarded in custody to the Court. The incriminating articles were sent for chemical examination through Court and on completion of the investigation, the I.O. (P.W.8) submitted the Final Form placing the accused to face the Trial for commission of offence under Sec. 302 of the IPC.

(3.) Learned S.D.J.M., Sundergarh, on receipt of above Final Form, took cognizance of the said offence and after observing the formalities, committed the case to the Court of Sessions. That is how the Trial commenced by framing the charge for the aforesaid offence against the accused.