BANDHANA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23.8.2002 passed by the learned Addl.Sessions Judge, Rourkela in Sessions Trial Case No.42/9 of 2000 convicting the appellant for commission of offence under Section 302 of the Indian Penal Code (for short 'the I.P.C.') and sentencing him to undergo imprisonment for life for committing murder of Tullu @ Ashok Kumar Gopal.

(2.) The case of the prosecution is that on 3.9.1999 at about 7 P.M. on the western side of Rourkela Railway Station, the appellant stabbed the deceased by means of a knife on the belly. The deceased after receiving the injury, fell down by shouting "Bandhana Mari Dela Mari Dela". There after, nearby people immediately gathered at the occurrence place. The deceased was taken to hospital by his father P.W.1 where he succumbed to the injury. His father P.W.1 orally reported the matter before the Police Station and the case for commission of offence under Section 302 of the I.P.C. was registered. The appellant was tried for commission of the said offence.

(3.) The prosecution in order to prove the charge examined ten witnesses but none was examined on behalf of the appellant. The defence plea of the appellant is one of denial and false implication.