BHUBANESWAR MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal from jail is directed against the judgment dated 7.9.2000 passed by the learned Additional Sessions Judge, Boudh in S.T. No.1 of 2000 (S.T. No.106/98-PDC) convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of the Indian Code (for short 'the I.P.C.') for committing murder of deceased Ganesh Majhi.

(2.) Informant P.W.2 belonging to village Jamkhela is deceased's father. Occurrence took place on 23.4.1998. Prosecution case is that on the date of occurrence one Prafulla Pendei had been to Maniapaju village in the evening at about 5.30 P.M. It is alleged that in the said village the appellant dealt blows with a Sisu Lathi on the head of the deceased causing bleeding injuries when the deceased going on the village Danda. Above said Prafulla Pendei and Biswambar Mallik @ Hada P.W.3 gave water to the deceased and informed the occurrence to P.W.2. P.W.2 came, to the spot. The deceased told him that it was the appellant who assaulted him. P.W.2 took the deceased to Boudh Government Hospital. On the basis of P.W.2's oral narration of the occurrence, the S.I. of Boudh Police Station P.W. 6 prepared First Information Report Ext.4 on the basis of which case was registered under Section 325 of the I.P.C. Deceased succumbed to the injuries while undergoing treatment in the hospital. On completion of investigation, charge sheet was submitted against the appellant for commission of offence under Section 302 of the I.P.C.

(3.) Appellant took the plea of complete denial. In course of trial, defence also took the plea of insanity of the appellant during the period of occurrence.