ANANDA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted under Section 302, IPC and sentenced to undergo imprisonment for life by the learned Sessions Judge,Keonjhar in S.T. Case No. 18 of 1996 has preferred this criminal appeal from Jail.

(2.) SHORN of unnecessary details, the case of the prosecution, as unfolded during trial, is that on 19.11.1995 at about 5.00 p.m. the informant Binod Patra (P.W.7) appeared before Kaliahata Out -post and reported orally that on that day in the morning he and his brothers, namely, Ananda Patra, Sananda Patra and Rasa Patra and other family members were engaged in reaping paddy. They were informed at about 9.00 a.m. that the accused was dealing blows with a Budia (small axe) on the deceased Bramhani Patra on the sugarcane field of one Sarat Naik. Getting this information, Ananda, Sananda, Rasa Patra and others went to the spot. They found the deceased lying with severe bleeding injuries in the sugarcane field and groaning with pain and she was unable to talk. P.W.4 Masala Naik and P.W.5 Jaitri Naik also disclosed to have been the accused dealing blows with a Budia on the deceased. The accused was searched for but could not be traced. The deceased was shifted to Kaliahata hospital but on the way she succumbed to the injuries and breathed her last. The A.S.I. of police, in -charge of Kaliahata Out -post reduced the report to writing and after preliminary investigation forwarded the FIR to Telkoi P.S. for registration. On receipt of the FIR, the OIC, Telkoi P.S. registered the case, took up investigation and after its completion submitted charge -sheet against the accused.

(3.) IN order to prove its case, prosecution has examined as many as thirteen witnesses including the I.Os. and the doctor and exhibited eighteen documents. The defence has examined none.