RAISINGH DIP Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal U/s.383 of the Cr.P.C. preferred by the appellant-convict against the 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 fine of Rs.5,000/- (Rupees five thousand), in default to undergo simple imprisonment for six months vide judgment dated 07.08.2007 in Sessions Case No.136-B of 2004 passed by the learned Sessions Judge, Bolangir.

(2.) Adumbrated in brief, the prosecution case is that on 17.09.2004 at about 10 A.M. at Dangbahal, the accused-appellant dealt stone blows to deceased-Kuber Pasayat, as a result of which he expired. The son of the deceased on being informed by one Siru Agrawala lodged the F.I.R. at 11.30 A.M. Larambha Out Post, which was resulted into registration of Patnagarh P.S. Case No.136 dated 17.09.2004 U/s.302 of the IPC.

(3.) In course of investigation, inquest was made so also the post-mortem was conducted by Doctor-P.W.7. Stone was seized and accused was arrested. After completion of investigation, charge-sheet was submitted. The case was committed to the Court of Session. The accused faced charge U/s.302 of the IPC.