BISWAMBAR KANHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, who has been convicted by the Sessions Judge, Pulbani under section 302 Indian Penal Code and sentenced to under imprisonment for life in S. T. No. 10 of 2000, has preferred this appeal from jail.

(2.) The case of the prosecution, as narrated in the F.I.R. (Ext. 10), is that on the night of 5.9.1999 on being called by the appellant, the deceased, who was a village quack, went to the house of the appellant for his mothers' treatment. After some time, he came back and took rest on his verandah. The informant, who is the wife of the deceased, slept inside the room along with her children. In the next morning at about 7.00 A.M., her son Rasananda informed that his father was lying in a pool of blood. The informant came to the spot and found her husband lying dead with cut injuries on his neck. Hearing the cry of the informant. Duryodhan Kanhar (P.W. 4), Bishnu Kanhar and other villagers came to the spot. The matter was reported at Khajuripada P.S. and on receipt of the information the O.I.C. registered the case, took up investigation and after its completion filed charge sheet against the appellant under section 302 Indian Penal Code.

(3.) The plea of the appellant was one of complete denial of the allegations.