CHAITAN BANK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded by the AddI. Sessions Judge, Kendrapara in Session Trial No. 135/21 of 1992, convicting the appellant under Section 302, I.P.C. and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 3000/ , in default to undergo Rigorous Imprisonment for a further period of one year.

(2.) The case of the prosecution, in brief is that the appellant Chaitan Bank was working as a watchman in the Sub-Treasury Office at Pattamundei. Pranakrushna Bank (hereinafter referred to as deceased) was working as a Senior Clerk in the said Sub Treasury. On 28-11-1991, the deceased availed casual leave and disclosed to his colleagues that he would return on 28th afternoon to the office to clear up certain pending work On 29-11-1991 at about 10 A.M. the deceased was found lying dead with pool of blood in the office on two benches joined together having multiple injuries on the various parts of his head. Accordingly, an F.I.R. was lodged by the Sub-Treasury Officer. After due investigation, charge sheet was submitted and the present appellant stood charged for the offence under Section 302, I.P.C. for having committed murder of the deceased.

(3.) The plea of defence is one of complete denial. Added to that the accused has also taken the plea of alibi.