Conviction under section 302 IPC upheld; child witness testimony deemed reliable despite contradictions, supported by medical evidence, and intoxication did not mitigate responsibility for homicide.

By the Bench:

1. The appellant Rankanidhi Behera faced trial in the Court of learned Additional Sessions Judge, Nayagarh in Sessions Trial Case No.126 of 2008 for commission of offence punishable under section 302 of the Indian Penal Code (hereinafter ‘I.P.C.’) on the accusation that in the midnight of 11/12.05.2008 at village Nathiapali under Odagaon police station, he committed matricide by killing his mother Heera Behera (hereinafter ‘the deceased’).

The learned trial Court vide impugned judgment and order dated 10.03.2010 found the appellant guilty of the offence charged and sentenced him to undergo imprisonment for life.

Prosecution Case

2. The prosecution case, as per the first information report (hereinafter ‘F.I.R.’) (Ext.1) lodged by one Duryodhan Behera (P.W.1), the President of village committee on 12.05.2008 before the Officer in-charge of Odagaon, in short, is that the appellant committed the murder of the deceased by severing her head and threw the body in the backyard of his house. Some villagers traced the headless dead body of the deceased while going to attend call of nature, for which they informed the same in the village. Upon getting such information, members of the village committee along with other villagers proceeded to the spot and noticed that the head was missing from the dead body.

Chiranjibi Dalabehera (P.W.8) A.S.I. of Police attached to Odagaon Police Station drew up the formal F.I.R. vide Ext.1/3 in the absence of Officer-in-Charge and he himself took up investigation of the case. He deputed two constables to guard the spot where the dead body of the deceased was lying and subsequently he proceeded to the spot at 8.30 a.m., which was the dwelling house of the appellant. He visited the back side of the said house locally called as Kamarapada where the beheaded body of the deceased was found. He went to the house of the appellant and after repeated calls, the appellant opened his door and came out. The I.O. recorded the statement of the appellant wherein he confessed to have committed the murder of the deceased and the said statement was recorded vide Ext.11/1. He then arrested the appellant and conducted inquest over the headless body of the deceased and after that, the appellant led him to his room and brought out a bag containing the severed head of the deceased, which was seized as per seizure list Ext.6. At about 10.30 to 10.50 a.m. on the same day, P.W.8 conducted inquest over the severed head of the deceased and prepared the inquest report vide Ext.3/3. He also conducted inquest over the dead body of the deceased by joining the severed head to the beheaded body and prepared the inquest report vide Ext.4/2. The I.O. then sent the dead body of the deceased to Odagaon Hospital for post mortem examination and collected earth and blood stained sample earth, which were seized as per seizure list Ext.7. He searched for the weapon of offence i.e. sickle and was able to trace it out which was lying in an open field at Kamarapada and seized the same as per seizure list Ext.8. P.W.8 seized the wearing apparels of the appellant as per seizure list Ext.10/1. On the same day, at about 1.15 p.m., he searched the house of the appellant and recovered one country made pistol and seized the same. He prepared the spot map of the house of the appellant vide Ext.16 and gave requisition to doctor to collect the nail of the appellant. On 13.05.2008, he forwarded the appellant to Court and thereafter, he examined some witnesses on 17.05.2008 and he also produced the seized sickle before Medical Officer and made a query as to the possibility of the injuries by such weapon. On 23.05.2008, he received the nail scraping of the appellant and query opinion