CHARKA @ MADHUSUDAN BADAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment dated 3.4.2000 passed by the Additional Sessions Judge, Rourkela in S. T. Case No. 51/15/99 convicting the appellant under section 302 of the Indian Penal Code (in short 'I.P.C.') and sentencing him to undergo imprisonment for life and to pay a fine of is 5,000.00 in default to further undergo R. I. for a period of five months.

(2.) THE case of the prosecution, as per F.I.R. (Ext. 1). is that on 12.9.1998 at about 10.00 AM, the village Gramarakshi Patrick Beck (P.W. 1) appeared before the Inspector incharge of Bisra Police Station (P.W. 14) along with the appellant and lodged the report orally that at about 7.30 AM when he was in his house the appellant holding a blood stained tangia came to him and saying that he had killed the deceased asked him to go to the police station.

(3.) THE defence plea is one of the complete denial of the allegations.