BABULA PATRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 24th November, 2000 passed by the learned Addl. Sessions Judge, Aska in Sessions Case No. 2/1999 (32/95 ADJ-I) convicting the Appellant-Babula Patro under Section 302, IPC and sentencing him to undergo imprisonment for life and to pay a fine of rupees one thousand, in default, to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution is that the informant who is the mother of the deceased, namely. Dasa Patro lodged a written report at Pattapur P. S. at 3 a.m. on 5-9-1994 narrating that on 3-9-1994 at about 10 a.m. the Appellant-Babula Patro abused and challenged her son Dasa as to why he had trespassed into his house in the night during his absence. By saying so, he tried to assault the deceased with a Kati. Due to intervention of the local people, the matter subsided. Next day at about 8 p.m. in the evening, deceased Dasa had gone to Gopinath temple to hear religious scripture. While he was coming from the said temple, accused persons, namely, Babula, Narasinga, Damburu, Sridhar and Nitei surrounded him and they caught hold of his legs. Some of the accused persons caught hold, pinned him to the ground near the said temple. Of them accused Narasinga and Damburu caught hold of his hands and Babula stabbed him with a knife as a result of which he died on the spot. On receipt of the FIR, the Officer-in-charge of Patrapur Police Station investigated the matter, held inquest and sent the dead body for post-mortem examination. He seized the incriminating materials from the spot and arrested the accused persons, namely, Babula and Nitei alias Nityananda on 7-9-1094. The informant thereafter made complaint to the Superintendent of Police as the investigation was not properly done. Hence, investigation was handed over to the Circle Inspector on 23-11-1994 as per the direction of the S. P. He took charge of the investigation and on completion of investigation filed charge-sheet against all the accused persons under Sections 302/147/148/149. IPC showing Narasingha and Sridhara as absconder. Thereafter, the Appellant-Dasa and Nitei alias Nityananda were put on trial.

(3.) The plea of the Appellant is complete denial of the allegations.