KAMANA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment dated 6.3.2000 passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in Sessions Case No. 240 of 1999 convicting the appellant under section 302 of the I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The appellant Kamana Naik is the son-in-law of the deceased Budhia Naik as well as the informant Malati Naik (P.W. 1). The case of the prosecution is that on 18.2.1998 evening at about 7.00 P.M. the appellant demanded Rs. 50.00 from the deceased towards hire charges of his rick- shaw. The deceased paid the appellant Rs. 10.00 only, saying that the rick- shaw was not used to take the injured girl to the hospital: The appellant was not satisfied and he demanded more money. Over this Issue, a quarrel ensued between the appellant and the deceased. Being enraged, the appellant all of a sudden brought a knife from his house and stabbed on the chest of the deceased. As a result, the deceased fell down on the ground sustaining bleeding injury on his chest. Seeing this when the informant (P.W. 1) and her daughter (P.W. 3) rushed near the deceased, the appellant fled away from the spot with the knife. The deceased was immediately shifted to the City Hospital, Berhampur, but there the doctor declared him dead. On receipt of the written report, the police registered the case, proceeded with the investigation and after its due completion filed charge-sheet against the appellant under section 302 of the I.P.C.

(3.) During the course of trial the appellant took the plea of complete denial and false implication.