NIRGAT GOND Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE convict in Sessions Case No.13 of 2000 assails his conviction for the offence under Section 302 of the Indian Penal Code, hereinafter referred to as the 'IPC for brevity and sentence of imprisonment for life in this appeal.

(2.) THE prosecution case bereft of unnecessary details, is that the deceased migrated to village Telan and settled there with his family. He stayed there about ten years. He reclaimed a piece of jungle land and cultivated it. It is alleged that the accused asked him to part with it and as he refused, the accused bore grudge on him.

(3.) AFTER considering the materials on record of the learned Addl. Sessions Judge, Nabarangpur came to the conclusion that the prosecution has proved its case beyond all reasonable doubt, and therefore, held that the accused, i.e. convict -appellant, Nirgat Gond committed murder of the deceased by inflicting blows by means of a 'Kotari (M.O.I.) on 06.01.1999 at about 3 P.M. in village Telari. Thereafter, he sentenced the appellant to undergo life imprisonment.