LAWS(ORI)-2010-8-98

BHUBANESWAR SUNA Vs. STATE OF ORISSA

Decided On August 11, 2010
Bhubaneswar Suna Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The appellant, who has been convicted by the learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna under section 302, I.P.C. and sentenced to undergo imprisonment for life in Sessions Case No. 26 of 1999 for having committed patricide, has preferred this appeal from jail.

(2.) The allegation against the appellant is that on 20.10.1998 due to family dispute he committed murder of his father Lakhidhar Suna by means of a tangia while the latter was sitting in his 'Bataghara'. P.W. 1, the ward member of the village, reported the incident in writing vide Ext. 1 on the basis of which police registered the case, took up investigation and on its completion tiled charge-sheet against the appellant under section 302, I.P.C.

(3.) On receipt of the charge-sheet, the learned Magistrate took cognizance of the offence and committed the case to the Court of Sessions. The learned Sessions Judge framed charge under section 302, I.P.C. against the appellant who pleaded not guilty and claimed to be tried. From the side of the prosecution, nine witnesses were examined including the doctor and the investigating officer and fourteen documents were exhibited. None was examined on behalf of the appellant in his defence. In his statement under section 313, Crimial P.C. the appellant took the plea of denial. The learned Sessions Jude believing the case of the prosecution convicted and sentenced the appellant as stated hereinbefore.