NARESH BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant- Naresh Bhoi @ Padhu assails his conviction for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) and to undergo imprisonment for life recorded by the learned District and Sessions Judge, Kandhamal-Boudh, Phulbani in S.T. No.30 of 1997, vide the judgment of conviction and order of sentence dated 19.06.1998.

(2.) The case of the prosecution in brief is as follows: In this case, the occurrence took place on 14.10.1996 at about 4.0 P.M. in front of the house of the accused in village Badadunguripalli under Manamunda Police Station in the district of Boudh. On the date of occurrence, the accused damaged the paddy crops of Chitrasen Karmi and Deba Karmi as a result of which a quarrel ensued between them. In order to subside the dispute, it was decided to hold a Panchayati at the Bhagabat Tungi of the village on the intervention of the deceased. It is alleged that while the deceased was going to attend the Panchayati; all on a sudden the accused came being armed with Tabulia (M.O.I) and mercilessly assaulted him. The deceased succumbed to the injuries. Dharamu Jala (P.W.2), the nephew of the deceased, having lodged F.I.R. (Ext.7), the present case was registered and the Investigating Officer (P.W.7) took up investigation. After completion of investigation, P.W.7 submitted charge-sheet against the accused.

(3.) The plea of the accused is of a complete denial. He also submitted that he has been falsely implicated in this case.