GANDHIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Katar, learned counsel representing Mr. Saktidhar Das, learned Senior Advocate for the appellant-Gandhia @ Gandharba @ Debraj Sahoo.

(2.) In this appeal the convict Gandhia @ Gandharba @ Debraj Sahoo assails his conviction U/s.302 of the Indian Penal Code, 1860 (herein after referred as "I.P.C." for brevity) and order of sentence of imprisonment for life in S.C. Case No.28 of 1999/(S.C. 95 of 1999 GDC) of the Court of learned Addl. Sessions Judge, Bhanjanagar-Aska, Bhanjanagar on 24.02.2001 ( Committed by Sub-Divl. Judicial Magistrate, Bhanjanagar in G.R. 190/98 in his file ).

(3.) The prosecution case in brief is that on 19.05.1998, the informant Prafulla Chandra Mahanty(P.W.13), who is the father-in-law of the deceased lodged a written report at Jagannath Prasad Outpost at about 12 noon to the effect that on the said day, i.e., dtd. 19.05.1998 at about 8:30 A.M. a strong rumor was spread that his son-in-law Tuna Behera (hereinafter called deceased), while proceeding towards his house at Jagannnath Prasad Patna, was killed by some anti social elements and his dead body was lying beside the road. The further prosecution case is that the informant lodged the written report at Jagannath Prasad out post at about 12 noon and thereafter the O.I.C., Buguda Police Station investigated into the matter, arrested the accused persons and thereafter filed the charge-sheet against the petitioner along with others implicating them for commission of the alleged offences.