SANTOSH RAUT @ CHORA RAUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Addl.Sessions Judge, Bhanjanagar-Aska, Bhanjanagar dated 08.8.2002 in S.C. No. 20/2001 (37/2001 GDC) convicting the appellant for commission of offence under Section 302 of I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The deceased is the husband of P.W.5 and father of P.W.7. On 13.9.2000 at about 9.00 A.M. the deceased went to cook Prasad for the deity Kali in the temple and P.W.7, the son of the deceased had gone to Siva Temple at Jhanata to worship. P.W.7 at about 10.30 A.M. was informed by his co-villagers Prasana Gouda and Doctor Majhi that the appellant has committed murder of his father and his father was lying dead with bleeding injuries in the mandap of Kali Temple. Getting information about death of his father, P.W.7 immediately rushed to the Kali Temple and saw the deceased lying dead with bleeding injuries on his head. He also saw the appellant standing in front of the door of the kitchen of the temple and threatening others not to come near him. P.W.7 thereafter informed his younger brother to return to the village and report about the occurrence. P.W.1 informed the police over phone and after police arrived at the spot, P.W.7 presented a written F.I.R. and the case was registered. On completion of investigation, charge sheet was submitted for commission of offence under Section 302 of I.P.C.

(3.) The prosecution in order to substantiate the charge examined eight witnesses. P.W.7 is the son of the deceased and is the informant. P.Ws.1, 3, 4, 5 and 6 were examined as eyewitnesses to the occurrence. Out of whom P.W.5 is the widow of the deceased. P.W.2 is the Doctor, who conducted postmortem examination and P.W.8 is the Investigating Officer.