SUNDAR KHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has assailed the order of conviction and sentence passed by the learned Sessions Judge, Sambalpur, in S.T. No. 112 of 1994 Under Section 302, Indian Penal Code, whereby the appellant was directed to undergo rigorous imprisonment for life.

(2.) THE gist of the prosecution story as narrated in the trial Court's judgment is that on 7.1.1994 at 5.00 p.m. in village Gobindpur, the appellant had allegedly assaulted the deceased Paradeshi Khadia in his Bari by means of a spade (Rapha) causing his instantaneous death. When the other witnesses, namely P.Ws. 1 to 3 wanted to intervene at that time, the appellant immediately escaped from the scene of occurrence towards the nearby jungle. During the night, the appellant was said to have proceeded to village Tumbapali where his brother Punia Khadia was residing. It is alleged that in the early hours of the following morning, the appellant also escaped from the house of his brother Punia without his knowledge. The incident was reported to the police and immediately thereupon, the Investigating Officer went in search of the appellant, who was subsequently apprehended from Jharsuguda railway station on 8.1.1994 after being identified ' by Punia Khadia. Inquest was held on the dead body of the deceased Paradeshi Khadia. Blood stained earth and sample earth were collected and the wearing apparels of the accused and the spade were seized during the course of investigation. After completion of investigation, charge sheet was placed against the appellant Under Section 302, Indian Penal Code. The learned S.D.J.M., Sambalpur, took cognizance of the offence against the appellant and committed the case to the Court of Session.

(3.) THE plea of the accused is a complete denial of the occurrence. He had pleaded false implication in the case, but, however, declined to adduce any evidence in support of his defence.