SUNDHU NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 30.11.1998 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No. 243 of 1996 convicting the Appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that on 29.08.1996 at about 7.30 P.M., the informant (P.W.1) while returning from his in-law's house saw his father lying injured on the road leading to the house of the accused-Appellant. His mother, sister and other persons, who had gathered there, as well as his injured father informed him that the Appellant called him on the pretext of taking liquor and caused injuries on his person by means of a 'Dauli'. Thereafter, he with the help of Ors. shifted his injured father to his house, but in the same night his father succumbed to the injuries. On the next morning, P.W.1 along with the Choukidar went to Mahulapada Police Station and orally reported the matter before the police (P.W.16) who reduced the same to writing, registered a case and took up investigation. Subsequently, the Circle Inspector of Police (P.W.15) took charge of the investigation from P.W.16 and after its completion submitted charge sheet against the Appellant for commission of offence under Section, 302 IPC.

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