JAGANNATH NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has assailed the judgment and order dated 03.11.2000 passed by the learned Additional Sessions Judge, Bhanjanagar -Aska at Bhanjanagar in S.C. No. 27 of 1999 (18/99 ADJ -I) convicting him under Sections 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000/ - in default to undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution is that on 24.11.1998 at about 6 A.M. when the deceased, namely, Mahantar Naik, was taking cattle from his house to tie them in front of his house, the accused -appellant assaulted him by means of a "KATI", as a result of which he succumbed to the injury at the spot. After committing the crime, the appellant fled away from the spot.

(3.) IN order to prove its case, the prosecution has examined as many as eight witnesses including the doctor and the I.O. and exhibited 15 documents and the defence has examined none.