N SATYANARAYAN RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal appeal has been filed by the Appellant N. Satyanarayan Rao from Jail challenging the judgment dated 04.12.1999 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 4/13 of 1999 convicting the Appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) The prosecution case, shortly stated, is that the deceased Govinda Badmali of village Sakama had come to Sonepur with his father Balabhadra Badmali (P.W.1) and some co-villagers to perform dance and seba puja in the Bali jatra in different temples at Sonepur in the month of Aswina in the year 1998. On 29.09.1998 at about 5.30 P.M., after offering 'Sandhyabati' to deity Samaleswari Devi in the temple while the deceased was standing in front of the Singhadwara of the temple, the Appellant suddenly stabbed on his chest with a knife and thereafter went away from the spot. On being stabbed, the deceased shouted "AE BUA MARIGALI" and having walked a few steps, fell down on the ground. The father of the deceased (P.W.1), Purna Ch. Badmali (P.W.2), Jibardhan Badmali (P.W.3) and Santosh Negi (P.W.4) took the deceased to the hospital for treatment. But, on arrival at the hospital, the Doctor (P.W.10) declared him brought dead. Thereafter P.W.1 orally reported the matter to the O.I.C., Sonepur P.S., who reduced the report to writing (Ext.1) and registered the case. The O.I.C. took up investigation, during the course of which he visited the place of occurrence, conducted inquest over the body of the deceased at the hospital and sent the same for P.M. examination and examined some witnesses. On the next day, he arrested the accused and seized the knife (M.O.IV) and full pant and shirt of the Appellant. He also seized sample earth and blood stained earth from the place of occurrence and wearing apparels of the deceased. He got the T.I. parade of the Appellant conducted and on completion of investigation filed charge sheet against him, where upon the Appellant stood his trial under Section 302 of the Indian Penal Code.

(3.) The plea of the accused was denial simplicitor.