LENGUDU @ RAJKUMAR MAHAKUD Vs. STATE OF ORISSA

JUDGEMENT

(1.) Learned Court below found the appellant guilty of of fence punishable under section 302. I.P.C. and accordingly sentenced him to suffer imprisonment for life and to pay a fine of Rs. 5,000.00, in default to suffer two years R.I. more. Said judgment and order of sentence passed by the learned Additional Sessions Judge. Rourkela in S.T. No. 198/36 of 1996 is impugned in this appeal.

(2.) The occurrence happened at about 2.30 p.m. on 19.3.1996 at Lathikata Railway colony situated under Lathikata Police Station. At that time, the appellant was chasing one Buturu @ Manbodh Tirkey (P.W. 8) to assault him. The appellant was holding a Thenga. He caught hold of Buturu @ Manobodh Tit key (P.W. 8) and assaulted him. At that time, deceased Sambhunath Gop interfered and asked the appellant as to why he is assaulting Buturu . Manbodh Tirkey (P.W. 8). The appellant getting annoyed brought out a knife from his house and gave 8 to 10 blows by the knife on different parts of the body of the deceased Sambhunath Gop. Receiving the assault, Sambhunath Gop died at the spot. Prior to the occurrence, deceased Sambhunath Gop had advised the appellant for a solution between him and Buturu 0 Manobodh Tirkey when he (deceased) found the appellant bringing Buturu to his father after a quarrel between Buturu and the Ward Member. Brother-in-law of the deceased named Rajendra Gop (P.W. 17) lodged oral information in Lathikata Police Station. P.W. 22, the then I.I.C. of Lathikata Police Station reduced such oral report to writing, read over and explained the contents of the report. which P.W. 17 understood and registered the case under sections 302/325. I.P.C. against the appellant for causing murder of Sambhunath Gop and for voluntarily causing grievous hurt to Buturu @ Manobodh Tirkey (P.W. 8). On completion of investigation, the I.Q. (P.W. 22) file the charge-sheet.

(3.) The defence plea is one of complete denial.