SANTOSH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) FROM Jail the Appellant has preferred this appeal questioning his conviction and sentence imposed by the Learned Additional Sessions Judge, Bhanjanagar -Aska, Bhanjanagar in Sessions Case No.63/1999 (377/99 GDC).

(2.) THE allegation against the Appellant as per the F.I.R. lodged by P.W.2, the son -in -law of the deceased, is that on 28.05.1999 the Appellant and his mother (deceased) were alone in their house. The Appellant assaulted to the head of the deceased by means of a wooden plank, while the deceased was sleeping on a cot, for which the deceased become unconscious. P.W.2 on getting information came to the spot and with the help of the villagers shifted the deceased to the Jagannathprasad hospital for treatment. He lodged a written report (Ext. 1) at Jagannathprasad Outpost. On receipt of Ext. 1, P.W.17, the S.I. in -charge of Jagannathprasad Outpost made a station diary entry and sent the same to Buguda police station for registration and accordingly a case under Section 307 of the I.P.C. was registered. As the deceased succumbed to the injury -while undergoing treatment, the case was converted to one under Section 302 of the I.P.C. and on completion of investigation final form was filed against the Appellant under Section 302 of the I.P.C.

(3.) THE prosecution, in order to prove the charge examined as many as 18 witnesses including the I.O. and the doctor and exhibited 16 documents. Defence has examined none.