LAWS(ORI)-2011-3-59

SANA BHOI Vs. STATE OF ORISSA

Decided On March 07, 2011
Sana Bhoi Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment and Order Dated 28.06.2002 passed by the Learned Sessions Judge, Puri in S.T. Case No. 324 of 2001 convicting the Appellant under Section 302 of the I.P.C. and sentencing him to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution is that on 05.05.1995 at about noon at village -Gadasitha on the field near his house, the present Appellant along with -other accused persons assaulted the deceased -Gurubari. When Dhobei Das, cousin brother of deceased Gurubari @ Guru Charan Das came to latter's rescue he was assaulted to death at the spot by co -accused Ullash and other accused persons. Although witnesses came to rescue both the deceased they were assaulted by the accused persons including the present Appellant. The F.I.R. under Sections 147, 148, 323, 324, 325, 294, 302/149 of the I.P.C. was registered in Gop Police Station against the present Appellant and 18 other accused persons. While Dhobei died on the spot, Gurubari was admitted in the S.C.B. Medical College and Hospital, Cuttack where he succumbed to the injury on 08.05.1995. After investigation of the case charge -sheet has been submitted against the present Appellant and other 18 accused persons.

(3.) MR . Biswal, Learned Counsel for the Appellant challenges the judgment of the Trial Court on the ground that the evidence of the ocular witnesses are contradictory to each other and the conviction is based on the evidence of the above witnesses. In the present case the prosecution has failed to prove the motive of the Appellant for the alleged commission of offence. Lastly it is submitted that suppressing the earlier F.I.R. the informant in order to make out a case lodged the present F.I.R. on the next day after the inquest was made.