ARJUN KALASI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has assailed the judgment and order dated 18.12.1999 passed by the learned Sessions Judge, Bolangir in S.C. No. 73- B of 1998 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution is that Samaru Barik (P.W.1) orally reported before Khaparakhol Police Station on 14.06.1998 that on the same day at about 8.00 A.M. while deceased Akshaya Barik was taking the goats of his master for grazing, the accused-appellant assaulted him in presence of P.W.4 and one Bipin Bariha by means of a tangia (axe) near an electric pole in his village causing serious bleeding injury on the neck which resulted in the death of the deceased on the spot. Hearing the occurrence, both the parents and uncle (P.W.1) of the deceased rushed to the spot and found him lying on the spot with injury on his neck. In absence of the O.I.C., the A.S.I. (P.W.9) reduced the oral report to writing, registered the case and proceeded with the investigation. On arrival of the O.I.C., P.W.9 handed over charge of investigation to him and after completion of investigation the O.I.C. submitted charge sheet against the appellant under Section 302, IPC. On commitment of the case to the Court of Session, the appellant faced trial under Section 302, IPC.