TRINATH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment and order dated 13.12.2000 passed by the learned Additional Sessions Judge, Angul in Sessions Trial No.71-A of 1996/37 of 1997 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution is that the appellant and the deceased were working under one Kumuda Chandra Pradhan as Field Servants. THE deceased was working at Kairiamba where as the appellant was working at Dimirpal. THE deceased found 12 manas of 'Ahar' having been removed from the thrashing floor in his absence. On being asked, his son, the informant, told that the appellant and one Dasia Behera had come to the thrashing floor during his absence and they might have removed thesame. On 05.03.1996, while the informant was sitting near a shop atKaratpata Chhaka, the appellant enquired about the deceased andchallenged him about the allegation of theft. A quarrel ensued between themwhich was subsided by the persons present there. THEn the appellant wenttowards Kairiamba. At about 2.30 PM, Basu Dehury (P.W.13) and oneMahuli Behera intimated the informant that his father was killed by theappellant. Hearing this, the informant went to the spot and found his fatherlying dead sustaining bleeding injuries on his neck, cheek and nose. Hereported the incident to the police on the basis of which the case wasregistered, investigation taken up and on its completion charge sheet wassubmitted against the appellant.