IJAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 21-10-2000 passed by the learned Addl. Sessions Judge, Parlakhemundi in S. C. No. 16 of 1998/SC No. 145 of 1998 (GDC) convicting the Appellant under Section 302/307, I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 10,000/- in default to undergo R.I. for a further period of two years for the offence under Section 302, I.P.C. No separate sentence has been imposed for the offence under Section 307, I.P.C., since the punishment imposed under Section 302, I.P.C. will meet the ends of justice.

(2.) The case of the prosecution in a nutshell is that on 17-8-1997 at 2.00 p.m. the accused-Appellant along with his wife and baby son Sanju and daughter Franchiska were sitting on the verandah of P. W. 3-Sankia Naik of village Merama. At that time, the accused-Appellant started quarrelling with his wife and all of a sudden stabbed his baby son on his chest/neck and also stabbed his daughter on her back. His baby son succumbed to the injuries at the spot, whereas the daughter sustained serious bleeding injury. One eye witness Dabid Bardhan reported the matter at Nalaghat Outpost at 9.00 p.m. and thereafter the report was sent to Adava Police Station. On the basis of the said report, the case was registered, investigation taken up and after its closure, charge sheet submitted against the accused-Appellant under Sections 302/307, I.P.C.

(3.) Plea of the accused is one of complete denial of the allegation.