GADEI MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 6.4.2002 passed by the learned Additional Sessions Judge, Angul in Sessions Trial No. 125-A/ 1997 (32/1998) convicting the appellant under section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that on 14.6.1997 both the appellant and the deceased went together and in the evening the appellant came alone and informed others that he and the deceased quarreled with each other and during the quarrel he assaulted the deceased with a stone as a result of which the deceased succumbed to the injury. The matter was reported to the police at Pallahara police station. Pursuant to the said report, police registered the case, investigated into the matter, held inquest over the dead body and sent the same for post-mortem examination, examined the witnesses, seized the weapon of offence, i.e. stone and ultimately filed charge-sheet against the appellant under section 302, I.P.C.

(3.) The plea of the appellant is one of complete denial of the allegations.