RAMA NAIK @ NAKULA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1.10.2001 passed by the learned Additional Sessions Judge, Angul in Sessions Trial No.94-A of 2000/26 of 2000 convicting the appellant for commission of offence under Section 302 of the Indian Penal Code (in short 'IPC') and sentenced to imprisonment for life.

(2.) Case of the prosecution is that on 23.5.2000, the Gramarakhi got news that the deceased-Sudar Naik was lying dead with injury. He went to the spot, saw the dead body and also found a blood stained tangia lying near the dead body. Upon inquiry, he ascertained that the present appellant assaulted the deceased with that tangia while he was working in the house of Murali Naik, P.W.5. The incident was reported to the police and an F.I.R. was lodged by P.W.1. On the basis of the allegation made in the F.I.R., a case was registered for commission of offence under Section 302 of I.P.C. On completion of investigation, charge-sheet was submitted for commission of offence under Sections 302 and 201 I.P.C.

(3.) Prosecution examined eight witnesses to prove the charge. Out of eight witnesses examined on behalf of the prosecution, P.W.1 is the informant and is also a witness to the seizure under Exts.2 and 3. P.W.2 is a witness to the inquest. P.Ws.3 and 4 turned hostile in course of trial and P.W.5 is the person under whom the deceased was working and the deceased was also related to him as Uncle-in-law. P.W.6 is the mother of P.W.5 and sole eyewitness to the occurrence. P.W.7 is the doctor, who conducted postmortem examination. P.W.8 is the I.O.