Direct eyewitness testimony, if credible, suffices for conviction regardless of motive, as established in this case involving murder under Section 302 of the IPC.

JUDGMENT :

S.K. SAHOO, J.:

1. The appellant Govinda Nayak faced trial in the Court of learned Adhoc Additional Sessions Judge, Sundargarh in Sessions Trial No.97/18 of 2007 for offence punishable under section 302 read with section 34 of the INDIAN PENAL CODE (hereinafter ‘I.P.C.’) on the accusation that on 06.03.2007 at about 7.30 p.m. at village Baladmal (Kissan Pada), he in furtherance of common intention with Abhi Nayak (Juvenile) committed murder of Dharani @ Bhainra Kumura (hereafter ‘the deceased’) by assaulting him on his head and neck with an axe.

2. The learned trial Court vide impugned judgment and order dated 22.05.2008 found the appellant guilty under section 302 of I.P.C. and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default of payment of fine, to undergo imprisonment for one year.

Prosecution Case :

3. The prosecution case, as per the first information report (hereinafter ‘F.I.R.’) lodged by Duryodhan Kumra (P.W.6) before the I.I.C. of Sadar police station, Sundargarh on 06.03.2007, in short, is that the deceased was his younger son and on that day in the evening hours, after taking his food, the deceased had been to the house of co-villager Kalia Kissan (P.W.5) for collecting his wages. While the informant was in his house, P.W.5 and his son Bijay Kissan came to the house of the informant at about 07.30 p.m. and informed that the appellant and his brother co-accused Abhi Nayak quarreled with the deceased and the appellant committed murder of the deceased with an axe and then both the accused fled away. Getting such information, P.W.6 and his son Abhi Kumra came to the spot and found the deceased lying dead with bleeding injuries in front of the house of P.W.5. The co-villagers also assembled at the spot where the dead body was lying.

4. P.W.6 lodged the written report before P.W.11, the I.I.C. of Sadar Police Station, Sundargarh which was scribed by Suresh Munda (P.W.2) and since the said report revealed a cognizable case, P.W.11 registered Sundargarh Sadar P.S. Case No.12 dated 06.03.2007 under section 302/34 of the I.P.C. against the appellant and his brother Abhi Naik and directed P.W.10 Harihar Naik, S.I. of police of Sadar Police Station to take up investigation of the case. P.W.10 examined the informant and the scribe of the F.I.R. (P.W.2) and recorded their statements and also took steps for guarding the dead body. At about 11:00 p.m. on 06.03.2007, P.W.10 along with P.W.11 arrived at the spot and P.W.10 prepared the spot map vide Ext.14. He also examined other witnesses and recorded their statements. On 07.03.2007, P.W.10 sent requisition to the scientific team to examine the spot and he himself seized blood stained earth and sample earth from the spot in presence of the witnesses and prepared seizure list vide Ext.3. He also conducted inquest over the dead body over the deceased in presence of the witnesses and prepared inquest report vide Ext.2. He dispatched the dead body for its post mortem examination. On 07.03.2007 at 3.00 p.m., P.W.10 apprehended the appellant as w