STATE OF ORISSA Vs. RAJESH HEMBRUM

JUDGEMENT

(1.) The reference under Section 366 Cr.P.C is made by the learned Additional Sessions Judge, Kuchinda for confirmation of the death sentence imposed by him on the accused while convicting him under Section 302, IPC in S.T. No. 36 of 2009 whereas the criminal appeal is preferred by the accused himself challenging his conviction and sentence. Both the death reference and the criminal appeal were heard together and are being disposed of by this common judgment.

(2.) The case of the prosecution is that on 26.04.2009 at about 3.30 PM while the informant along with some other co-villagers was playing cards behind the house of the accused under a Mahua tree, the wife of the accused called the informant to ascertain as to if her husband had committed murder of her grand-daughter. The informant along with other witnesses and co-villagers rushed to the house of the accused and found blood marks on his verandah. In order to prevent the accused from absconding, they tied him by means of a rope. The wife of the accused brought the key from the accused and opened the bed-room. All of them found that the head of the deceased had been decapitated from her body and lying near a box in the bed-room. The rest part of her body was kept inside a gunny bag. Her blood was collected and stored in a steel utensil (Khuri) in which the deceased was taking her lunch. On being asked, the accused confessed that he had committed murder of his grand-daughter by means of axe with an intention to mix her blood with the paddy and sow blood mixed paddy in the field. They also found the bloodstained axe in the corner of the bed-room. The informant went to Gourpali Out-post and lodged FIR. The Inspector in-charge, Jamankira P.S., who was present in the Outpost, received the FIR, registered the case, took up investigation and after its completion filed charge-sheet against the accused under Section 302, IPC.

(3.) The plea of the accused is complete denial of the allegations. His further plea is that he had gone to sleep in his house but he was caught, assaulted and falsely entangled in this case.