SUGULU BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The trial Court has convicted the Appellant for commission of offence under Section 302 of the Indian Penal Code (in short 'I.P.C.') and sentenced him to suffer imprisonment for life.

(2.) The aforesaid judgment and order of sentence passed by the learned Additional Sessions Judge, Angul in Sessions Trial No. 10 of 2003/2 of 2003 is impugned in this appeal.

(3.) The occurrence happened at about 10.30 A.M. on 17.8.2002 at village Similichhuin under Banarpal P.S. The spot of occurrence is the village road near the house of one Panu Behera (not examined). Stated succinctly the prosecution case is that the Appellant gave two blows by a Tangia, as a result of which the deceased Gita died at the spot. Prior to the incident there was a quarrel between the Appellant and the deceased as the football kicked by the Appellant hit Gita (deceased) and at her behest a panchayat was held in the village. On the basis of the report lodged regarding the incident, the case was registered and on completion of investigation, the I.O. (P.W. 16) filed charge-sheet implicating the Appellant for commission of offence under Section 302 I.P.C.