KANDARPA CHANDRA KUTHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail is directed against the judgment and order dated 29.3.2001 passed by the learned Additional Sessions Judge, Talcher in S.T.Case No.24 -A/39 of 1999/2000 convicting the appellant for commission of offence under section 302 of the Indian Penal Code (for short, the I.P.C.) and sentencing him to imprisonment for life for having committed murder of deceased Chandramani Kuthar.

(2.) THE appellant is deceased's brother. Informant P.W.1 is their father. P.W.13 is deceased's wife. Occurrence took place on 25.7.1998.

(3.) PROSECUTION case is that there was dispute between the appellant and the deceased over distribution of sale proceeds of family land. Appellant used to express his anguish and desires to get rid of the deceased. It is alleged that deceased went from his village Haladiakata to village Dumduma at about 7.30 P.M. on the date of occurrence to purchase tobacco but did not return home. In the following morning while informant P.W.1 had gone to attend call of nature, he was informed that someone murdered the deceased and the dead body was lying under a tree near the village school. He rushed to the spot and found the deceased lying dead with spot injuries on his face, chest, neck and back. On the basis of F.I.R. Ext.1 presented by P.W.1 at Talcher Police Station, P.W.14 Inspector of Police registered the case and took up investigation. On completion of investigation, charge sheet was submitted against the appellant for commission of offence under section 302 of the I.P.C.