BABAJI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by the Learned Additional Sessions Judge, Dhenkanal convicting the present Appellant under Sec. 302 of the Indian. Penal Code and sentencing him to undergo imprisonment for life in S.T. Case No. 333 of 2001.

(2.) The prosecution case, in short, is that on 25.06.1999 at about 4 P.M. the deceased went near the courtyard of the Appellant. Both the deceased and the Appellant quarreled with each other over possession of land belonging to their uncle. All of a sudden the Appellant dealt blows on the head of the deceased by means of a spade which caused injuries to him. The deceased was taken to the hospital on the next day morning and the Doctor declared him dead. The wife of the deceased lodged a report regarding the incident at Gondia P.S. and a case was registered. The I.O. held inquest over the dead body of the deceased, conducted P.M. examination, arrested the accused, examined the witnesses and after completion of investigation submitted charge sheet against the Appellant Under Sec. 302 of the I.P.C.

(3.) The plea of the accused -Appellant is complete denial of the allegation. In order to prove its case, the prosecution has examined as many as 11 witnesses including the Doctor and the I.O. and exhibited 11 documents and the defence has examined none.