KARTIK BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has preferred this appeal against the order of conviction and sentence recorded by the learned First Additional Sessions Judge, in S.T. Case No. 90 of 1993 convicting the appellant for commission of offence under Section 302 of the Penal Code and sentencing him to undergo imprisonment for life.

(2.) Prosecution case is that on 26.10.1992 at about 10.30 A.M. the informant Dinabandhu Panda (P.W. 1) along with the Sarpanch of Kishannagar Gram Panchayat presented a written report at Kishannagar Police Station alleging therein that on the same date while he was coming to the house of one Narayan Bhoi of village Balisukuri at about 10 A.M. to take papaya, he found a person lying dead on the footpath between the house of the appellant and Narendra Bhoi. He enquired from the mother of the appellant and upon such enquiry he came to know that the appellant had called the deceased namely Rabindra Behera to his house and both quarreled inside the house and during such quarrel the appellant assaulted the deceased by means of Bhujali. Receiving injuries on his person deceased came out of the house and tried to run away, but the appellant chased him and dealt several blows by means of Bhujali on the deceased, as a result of which the deceased fell down and died at the spot. On receipt of such information, investigation was taken up and during investigation it was found that the appellant did not have good relationship with his wife and had driven her out from the house. When the appellant again went to bring her wife, her father did not allow her to accompany the appellant. On 26.10.1992 when the deceased was coming along with one Niranjan Bhoi he was called upon by the appellant and both the appellant and the diseased went inside the bedroom of the appellant where they had a quarrel and the incident occurred. Having been satisfied with the existence of a prima facie case, the Investigating Officer submitted charge-sheet under Section 302 of the Penal Code.

(3.) Plea of the appellant is denial of the occurrence and his specific case as stated in the statements recorded under Section 313 Cr.P.C. is that on the date of occurrence he had been to medical with his daughter and thereafter he went to his house.