DASARATH PAHARIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellant challenges the judgment and order dated 20.4.2001 passed by the learned Sessions Judge, Kalahandi Nuapada at Bhawanipatna convicting him under section 302 of the Indian Penal Code, for short 'the IPC', and sentencing him to undergo imprisonment for life in S.C. No. 69 of 1999.

(2.) The prosecution case, in a nutshell, is that on 21.5.1999 at about 12.00 noon, the informant Parikhit Pradhani and his nephew Trilochan Pradhani (deceased) aged abut 10 years were sleeping in front of his open cowshed on two separate cots. At that time, the accused-appellant came there with a tangia and dealt 3 to 4 blows on the face and ear of the deceased as a result of which the deceased died instantaneously. Seeing that, the informant shouted, hearing which some of the villagers gathered and of them one Jugal snatched the tangia from the hands of the accused-appellant and caught hold of him. The informant then sent information regarding the incident to the Chowkidar and on his arrival they went to the police station by taking the accused-appellant as well as the tangia along with them. They produced the accused as also the weapon used in the crime (tangta) before the O.I.C., Jaipatna P.S. and lodged FIR. On receipt of the same, the police registered a case, proceeded with the investigation and ultimately filed charge-sheet against the accused-appellant under section 302, IPC.

(3.) On receipt of the charge-sheet, the learned Magistrate took cognizance of the offence and committed the case to the Court of Session. The learned Sessions Judge framed charge under section 302 Indian Penal Code against the appellant was pleaded not guilty and claimed to be tried. From the side of the prosecution, seven witnesses were examined including the doctor and the investigating officer and fifteen documents were exhibited. None was examined on behalf of the appellant in his defence. In his statement under section 313. Cr. P.C., the appellant took the plea of denial. The learned Sessions Judge believed the case of the prosecution, convicted the appellant under section 302. Indian Penal Code basing upon the evidence of P.W. 1, the eye-witness, P.W. 2. the doctor and the chemical examination report and sentenced him to imprisonment for life.