RAMACHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the sole appellant-Ramachandra Sahu assails his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) and sentence to undergo imprisonment for life recorded by the learned District and Sessions Judge, Ganjam-Gajapati, Berhampur in S.C. No.336 of 1997 vide judgment and order dated 18th August, 1998.

(2.) The prosecution case in short is that in the early morning on 30.06.1997 three sisters viz., Laxmi, Hema and Srimati (deceased) started from their house at village Dankalpadu to collect 'Kia' flowers. After moving together for some distance, Laxmi left in one direction towards 'Kaburigudi' whereas Hema and Srimati went together in another direction towards 'Jambari'. While both sisters were walking on the lane, flanked on either side by 'Kia' bushes, Hema, who was walking ahead, heard the cry of agony raised by Srimati. She turned around to find the accused dealing sword blows on the neck of the deceased. Seeing such brutal attack, Hema fainted and collapsed. P.W.4 (B. Lachhmeya), who was passing nearby saw the dead body of Srimati lying on the lane and informed the family members of the deceased. Laxmi and Sashi, the sister and sister-in-law of the deceased, rushed to the spot and found the dead body of Srimati lying there. They also saw the accused and his companions running away through the lands. The other villagers came there and saw the dead body of the deceased. P.W.1 (Ullas Krishna Reddy), another villager informed the police over phone and police staff arrived. On their arrival, Laxmi submitted the report before the police officer orally and the police officer reduced it into writing. This report was treated as F.I.R. and investigation was taken up. During investigation, the Investigating Officer recorded the statement of the eye witnesses and other witnesses, seized the blood stained earth, sample earth, incriminating articles from the spot, prepared spot map, held inquest over the dead body, took photographs of the dead body, spot and place of recovery of the weapon of offence through the photographers, sent the dead body for post-mortem examination, utilized the police dog, arrested the accused and basing on the information given by the accused, seized the weapon of offence from the place of concealment, sent the seized articles for chemical examination, got the weapon examined by the doctor and then on completion of investigation, submitted charge-sheet.

(3.) The plea of the defence is one of complete denial and false implication.