RAJAN BARGE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21.10.1992 of the learned Sessions Judge, Bolangir in Sessions Case No. 55 of 1992 by which the appellant has been convicted Under Section 302, I.P.C. and sentenced to imprisonment for life.

(2.) THE core of the prosecution is that on 25.1.1992 at about 7 a.m. Draupadi (P. W. 1), her father Anurja Mahanandia (hereinafter referred to as 'the deceased') and P.W.2 Laxmi (widow of the deceased) started from their house with a trolley to collect seraps from Bolangir town. After some time the deceased came back to his house with a pig. Soon thereafter Draupadi (P.W. 1) was informed that the appellant committed the murder of the deceased at his (appellant) house. She immediately rushed to the house of the appellant and found that her father was laying dead with profuse bleeding injuries on his body. On the basis of the F.I.R, lodged by Draupadi (P.W.I) investigation was taken up and the appellant was placed on trial which has ended in his conviction, as aforesaid.

(3.) THERE is no eye -witness to the occurrence. In order to bring home the charge, prosecution examined nine witnesses. P.W.I is the daughter of the deceased, P.W.2 is his widow and P.W.3 is a rickshaw -puller who turned hostile. P.W.4 is a witness to the inquest of the dead body. P.W.5 is a municipal sweeper and P.W.6 is the doctor who examined the blood group of the appellant and one Petu. P.W.7 is a hotelier. P.W.8 is the Investigating Officer and P.W.9 is the doctor who conducted the post -mortem examination of the dead body of the deceased.