PURNA BADNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment/order passed by the Additional Sessions Judge, Jeypore, in Sessions Case No. 96 of 1992 (SC 321/92) whereby the appellant has been convicted Under Section 302/34, Indian Penal Code, and sentenced thereunder to undergo rigorous imprisonment for life for having committed the murder of Shyama Badnaik.

(2.) PROSECUTION case, in short, as narrated in the trial Court's judgment, is that on 7.8.1992 at about 5.30 p.m. the deceased had abused Balabhadra Gollari and Somari Badnaik, for not having returned the money outstanding against them, but on intervention of Ramachandra Badnaik, son of the informant (P.W.4) the matter was subsided and the deceased returned to his house. At about 8.00 p.m., when the deceased and his wife were taking their meals, the appellant and three of his associates (since acquitted) came to their house and caught hold of the husband of P.W.3 and the appellant was said to have dealt a 'Kati' blow on the neck of the deceased as a result of which he died on the spot. After commission of the crime the appellant and his associates were said to have left the spot. At that time, when the wife of the deceased, P.W.3, obstructed the appellant and other accused persons from doing such illegal act, accused Suna Badnaik (since acquitted) assaulted her by a lathi on her left shoulder.

(3.) THE plea of the appellant was one of denial.