RANJAN HAPURA Vs. STATE OF ORRISA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Addl. Sessions Judge, Talcher in S.T. Case No. 91-A/17 of 1997/2000 convicting the appellant for commission of offence under Section 302 of IPC and sentencing him to imprisonment for life. The case of the prosecution is that on 28-2-1997, P.W. 2 the informant had gone for collection of Tadi'. While he was cutting date palm at about 12 O'clock, he was informed by his nephew-P.W. 12 that his elder son Ranjana Behera-appellant has assaulted the second son Sanjaya Behera (deceased) in his house. P.W. 2 thereafter immediately rushed to the house and found the deceased lying in a pool of blood. P.W. 1, who is the wife of the deceased disclosed that while the deceased was sitting and taking his meal the appellant came and dealt one blow by means of 'Tangia' (Axe) on his back and ran away from the spot. She and her mother-in-law thereafter took out the axe, which fixed to the back of the deceased. The deceased was not in a condition to talk and was removed in a Jeep to the Hospital. The Medical Officer after examining declared him dead. Thereafter the FIR was lodged by P.W. 2 and investigation was taken up. The appellant faced trial for commission of offence under Section 302 of IPC.

(2.) The prosecution in order to prove the charge examined fourteen witnesses but none was examined on behalf of the appellant. The appellant as a matter of fact admitted his guilt in his statement recorded under Section 313 of Cr. P.C. Out of fourteen witnesses examined on behalf of the prosecution the material witnesses are P.Ws. 1, 2, 7 and the chemical examination report.

(3.) In view of such nature of evidence available on record, we find no infirmity in the impugned judgment. Accordingly the appeal being devoid of merit is dismissed.