RAGHU TUDU Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal under the provision of Sec.383 Cr.P.C. the sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short 'the I.P.C.') and sentence to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default to suffer further S.I. for one month, by the learned Addl. Sessions Judge, Rairangpur in his judgment dtd.27.03.2004 passed in S.T. Case No.14/64 of 2003.

(2.) The case of the prosecution, in short, is that there was land dispute between the deceased Gudura Tudu and his brother accused Raghu Tudu. On 11.10.2002 at about 7 A.M. deceased went to plough his land which is nearby his house and he was ploughing it. At that time appellant Raghu and other two acquitted accused persons, namely Surdhan Tudu and Jagadish Tudu who are his sons, went in a group to the said land and the appellant Raghu killed the deceased by cutting his throat by a knife with the assistance of other two accused persons. The informant, who is son of the deceased heard cry of his father and rushed to the land and saw that appellant, holding a knife and the other two accused persons got up from the place where his father was lying and fled away towards the nearby forest. He raised hulla and some of the villagers gathered there. He informed the incident to them and went to Jharadihi Out Post and lodged F.I.R. being scribed by another person and the investigation commenced. During course of investigation police recovered the weapon of offence, i.e. knife on the information given by the appellant Raghu while in custody and also seized the wearing apparels of accused Raghu along with the knife and the wearing apparels of the deceased and sent those for chemical examination. The chemical examination report reveals presence of human blood of 'B' group on the wearing apparels of the deceased and in the napkin seized from the appellant Raghu. Human blood was also detected in the knife and banion of Raghu whose blood group could not be ascertained. After completion of investigation, charge-sheet was submitted against the appellant and two other accused persons U/s.302/34 I.P.C.

(3.) Defence took the plea of denial and false implication.