BUTURU MAHANTO @ LINGARAJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.1.2002 passed by learned Additional Sessions Judge, Rourkela in Sessions Trial Case No. 174/46 of 1997 convicting the appellant under section 302 of the Indian Penal Code (for short 'the Indian Penal Code') and sentencing him to undergo imprisonment for life.

(2.) Prosecution case, in short, is that on 22.1.1997 at 6.00 p.m. the informant-P.W. 3 learnt from Baneswar Mahanto (P.W. 6) that Bhima Sahu has been severely assaulted by the present appellant. The informant then sent Narendra Sahu and Budhulal Badaik to the place of occurrence. They went there and brought Bhima Sahu to the village in a senseless condition. Thereafter, Bhima Sahu was admitted in Bista P.H.C. and from there he was shifted to Ispat General Hospital, Rourkela where he died at about 8.15 p.m. Thereafter, P.W. 3 lodged F.I.R. before Basra P.S., on receipt of which the I.I.C. of the said P.S. registered the case and directed the S.I. of Police (P.W. 12) to take up investigation. In course of investigation, P.W. 12 proceeded to the spot, examined the witnesses, held inquest over the dead body and seized, wearing apparels of the accused persons, a piece of stone and a piece of hard solid cake having blood stains. On completion of investigation, submitted charge-sheet under section 302/34 of the Indian Penal Code against the present appellant and two others.

(3.) Accused persons took the plea of denial and false implication.