GATIKRUSHNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant being aggrieved with the order of conviction and sentence imposed on him by the learned Sessions Judge, Keonjhar in S.T. Case No.22 of 1993 has preferred this appeal. The learned Sessions Judge, Keonjhar while convicting the appellant under Section 302 of the Indian Penal Code (for short, "I.P.C.") sentenced him to undergo imprisonment for life.

(2.) The case of the prosecution is that deceased Sanu Naik happens to be the father of the appellant. The appellant five years prior to the occurrence was given in marriage but since after his marriage dissension arose in the family he started leaving in a separate house in the village. It is alleged that on 26.11.1992, the appellant came to the house of his father and requested the deceased to give him some paddy, as he and his family were starving then. The deceased allowed the appellant to take one 'Khandi' of paddy but when the appellant took some more paddy clandestinely the deceased chastised the appellant for which it is alleged that the appellant had threatened him. It is further alleged that on 28.11.1992 he appellant on getting the news that his parents were seriously ill because of food poisoning had come to ses them and that night stayed there. It is alleged that the deceased and the appellant had slept in the 'DHENKISALA' on the night of 28.11.1992 but on the next day morning the deceased was found dead with bleeding injury on his head. Regarding such death of the deceased, one Ballava Chandra Naik (P.W.2) who was then Ward member of the village of the deceased reported the matter at Telkoi Police Station on 29.11.1992 morning. Basing upon such report, U.D. Case No.8 of 1992 was registered by the O.I.C, Telkoi Police Station and enquiry was taken up. While enquiring into the said U.D. Case, since ample materials were collected by the O.I.C., Telkoi Police Station (P.W.6) regarding the involvement of the appellant in the murder of his father, plain paper F.I.R.(Ext.7) was drawn up and Telkoi Police Station Case No.71 of 1992 under Section 302 of the I.P.C. was registered and P.W.6 proceeded with the investigation of the case. On completion of the investigation, charge sheet was placed against the present appellant under Section 302 of the I.P.C. to stand his trial.

(3.) The plea of the appellant was of a complete denial of the alleged occurrence and it is his further plea that he has falsely been implicated in this case by police.