KARMA LAKRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, who has been convicted un der section 302, I.P.C. and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Rourkela in S.T. No. 162/43 of 1997, has preferred this appeal from jail.

(2.) The case of the prosecution, in short, is that on 14.4.1997 at about 10.10 p.m. Budhua (deceased), his sons, daughter and son-in-law were sitting on their verandah. The deceased went towards the courtyard to attend call of nature. At that time, suddenly the appellant being armed with a sword came and gave a blow on the neck of the deceased, for which he fell down. When the sons, daughter and son-in-law of the deceased tried to raise hullah and chased the appellant, he also assaulted some of them by means of the said sword and fled away from the spot. One of the sons of the deceased, namely, Chedga Beck (P.W. 10) informed the matter to his relation, namely, Arjun Panna (P.W. 6), who went to Sector-15 Police Station and lodged F.I.R. (Ext. 6). The Investigating Officer (P.W. 9) went to the spot, went the injured persons for treatment, examined the witnesses and after completion of the investigation filed his chargesheet against the appellant under sections 324/307/302, I.P.C. But, the Trial Court framed charge under section 302, I.P.C. only.

(3.) The plea of the appellant is one of the complete denial and false implication.