RAJU @ RAJENDRA KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Addl. Sessions Judge, Bhanjanagar-Aska, Bhanjanagar dated 12.8.2002 in S.C No.12/2001 (38/2001 GDC) convicting the appellant for commission of offence under Section 302 of I.P.C and sentencing him to imprisonment for life.

(2.) P.W.1, Gopal Krushna Mohanty lodged an F.I.R alleging therein that on 16.8.2000 at about 9.00 P.M the appellant stabbed the deceased in front of Santosh Bhawan Hotel and the incident was witnessed by several persons. On the basis of such information given by P.W.1, the F.I.R was registered for commission of offence under Section 302 of I.P.C. and on completion of investigation, charge sheet was submitted for commission of the said offence against the appellant.

(3.) The prosecution in order to prove the charge examined seven witnesses. Out of whom P.W.1 is the brother of the deceased and is a post occurrence witness. He is also the informant. P.W.2 is a post occurrence witness and came out of the Hotel immediately after the occurrence and heard the deceased shouting that the appellant had stabbed him. P.W.3 only heard about the incident and P.W.4 is the sole eyewitness to the occurrence. P.W.5 is the wife of the deceased, who came to the spot after the occurrence and P.W.6 is the Doctor, who conducted the postmortem examination. P.W.7 is the Investigating Officer.