KRUSHNA MOHAN SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order dated 21-11-1997 passed by the learned Addl. Sessions Judge, Jeypore in Sessions Case No. 47 of 1996 (S.C. 41/ 96 of Sessions Judge, Jeypore) convicting the appellant under Section 304-A, IPC and imposing a sentence of one year rigorous imprisonment.

(2.) The prosecution case, in brief, is that the appellant was working as a Sepoy in O.S.A.P. 3rd Battalion, Koraput. Prior to the date of occurrence, on 5-6-1995 the accused and other officials of OSAP 3rd Battalion were sent to Gothalpodar Camp under Gunupur Police Station to perform Anti Naxalite Picketing post duty. He along with other staff was staying in the barrack. On the date of occurrence i.e. on 21-6-1995, inspection programme of the Commandant was scheduled for which all the inmates were busy in preparing themselves for attending the inspection at 8 a.m. At about 7.45 a.m., as alleged by the prosecution, there was a sudden firing from the rifle of the appellant which hit the head of the deceased causing instantaneous death. The deceased was working as a Nayak. The appellant was found to be lying unconscious near his bed. One Banchanidhi Sahu, Jamadar (P.W. 11) who was incharge of the Camp sent VHF message to Gunupur Police Station. On arrival of the police, the said Jamadar lodged an FIR which resulted in the prosecution.

(3.) The plea of the appellant is one of complete denial and false implication with a specific plea that he was not responsible for the accident causing death of the deceased.