Full Judgment
B. Panigrahi, J.
1. The accused in Session Trial No. 15 of 1995 of the Court of the District & Sessions Judge, Phulbani has challenged the order of conviction and sentence under Section 302, IPC whereby hewas directed to undergo imprisonment for life and to pay a fine of Rs. 5,000/- in default for further rigorous imprisonment for six months
2. The prosecution story as depicted in the trial Court's judgmen is as follows :
The deceased Bachha Sahu was found going along with Gokuli Chandra Guru towards the bamboo depot site. Seeing them together Kartika Sahu had a brief talk with Bachha Sahu at about 11.31 A.M. on 7.8.1994, Kartika Sahu (P.W. 1) while changing his clothe; after taking his bath heard hue and cry that Bachha Sahu was being killed. Out of inquisitiveness P.W. 1 came to his verandah and noticed that appellant Narayan Behera, a co-villager, was proceeding towards Sudrukumpa village by shouting that he had committed murder of deceased Bachha Sahu and that he would commit murder of three other persons. P.W. 1 further observed from his verandah that the workers who were engaged in loading bamboo on the trucks in the nearby bamboo depot, deserted that place soon after the appellant went away from the bamboo depot. P.W. 1 came near the bamboo depot and found Bachha Sahu was lying dead with bleeding injuries and a blood-stained axe was lying near his deadbody. The cause for commission of such murder as stated by P.W. 1 was that about 7 to 8 days back the deceased Bachha Sahu refused to lend a bidi to the appellant whereafter the appellant damaged the glass containers of the shop of the deceased as a result of which the deceased had given 2 to 3 slaps to the appellant as a reason whereof he bore a grudge against the deceased and challenged to do away with his life. The incident was orally reported before the O.I.C., Sadar Police Station, Phulbani on the basis of which the Investigating Officer reached at the spot, collected the blood stained earth and sample earth, held inquest over the deadbody of Bachha Sahu, arranged to despatch the deadbody for post-mortem examination to Phulbani Sadar Headquarters Hospital, seized the wearing apparels of the deceased as well as the accused along with blood-stained axe lying near the place of occurrence. On the prayer made by the Investigating Officer, the learned Magistrate despatched the wearing apparels of the accused as well as the deceased through the S.D.J.M., Phulbani for scientific examination and chemical analysis. After completion of investigation, the O.I.C., Sadar Police Station, Phulbani submitted the charge sheet.
3. The appellant's plea in the trial Court was one of denial of the occurrence and had claimed to have been falsely implicated in this case on account of previous enmity.
4. At the time of incident there was a fight between two sets of caste people i.e. 'Kandha' and 'Pana'. Thus it could bepresumed that an unknown assailant might have caused the murder of the deceased Bachha Sahu.
5. In this case the learned Sessions Judge has believed the prosecution story and accordingly convicted the appellant under Section 302, IPC for having committed the murder of Bachha Sahu relying upon the following circumstances :
(1) Bachha Sahu met with a homicidal death.
(2) The accused is the perpetrator of murder of the deceased Bachha Sahu.
(3) The P.Ws. 1; 7 and 9 have supported the prosecution story.
(4) The extra judicial confession made by the appellant before P.Ws. 13 and 14.
The learned trial Court relying on the above circumstances was, however, inclined to hold that the appellant committed the crime.
6. From the evidence of P.Ws. 16 and 18 it has however been proved by the prosecution that the deceased Bachha Sahu died of injuries. P.Ws. 16 and 18 have proved the inquest report marked Ext. 2. P.Ws. 16 and 18 further proved the dead-body challan which has been marked at Ext. 10.
7. From the post-mortem report it is further noticed that the deceased (Bachha Sahu) had received the following two injuries :
(i) Incised wound of size 4' x 2' x 3' extending below the angle of mandible to mastoid process of right side.
(ii) Incised wound of size 1' away from the right mastoid process to the middle of back of neck.
On dissection two following external injuries were found :
(i) Injury is a deep cut. The carotid and veins are bisected. Vertebral column is visible to the wound. Blood clots found inside the wound.
(i) Neck muscles and surrounding blood vessels were bisected. Huge blood clots were found within the wound.
8. From the evidence of P.W. 15 it has further established that the deceased met a homicidal death on account of the injuries which were ante-mortem and was sufficient in ordinary course of nature to cause death. According to him, the injuries could have been possible by an axe like M.O.I.
9. P.W. 7 claimed to have learnt about the incident from P.W. 6. Accordingly he rushed to the spot and on the way he found theappellant coming from that direction uttering that he had killed Bachha Sahu. P. W. 9 also had supported the version of P.W. 7. Therefore, on a combined reading of the evidence of P.Ws. 7 & 9 it has however appeared that immediately after commission of offence the appellant was muttering to have slain the deceased Bachha Sahu. From the evidence of P.W. 1 it has further transpired that 7 to .8 days before the occurrence the appellant went to the shop of the deceased and wanted a bidi which the deceased refused and, instead, gave 2 to 3 slaps to him. Therefore, in order to feed fad to his previous grudge, the appellant committed the crime. P.W. 8 also corroborated the evidence of P.Ws. 1 & 7 as he had been to the bamboo depot, near the place of occurrence to load bamboos in his truck. The prosecution has also led evidence with regard to the extra judicial confession said to have been made by the appellant before P.Ws. 13 and 14. On a combined reading of their evidence it is found that the appellant made a clear confession by admitting to have killed Bachha Sahu on the date of occurrence. There may be some minor contradictions in the evidence of prosecution witnesses, but such contradictions being natural and they would not affect the substratum of the prosecution story as those were very minor in nature.
10. Accordingly, we do not find any merit in this appeal and, therefore, it is dismissed. The conviction and sentence passed thereunder by the learned Sessions Judge, Phulbani, are hereby confirmed.
Ch. P.K. Misra, J.
11. I agree.