ARJUNA PADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant calls in question his conviction for the offence under section 302 of the Indian Penal Code, 1860, hereinafter referred as the "I.P.C.", for brevity, and sentence to undergo imprisonment for life in Sessions Trial Case No. 68-A of 1998/52 of 1998 of the Court of the Additional Sessions Judge, Rourkela.

(2.) Case of the prosecution, in short, is that on 17.11.1997, the deceased and the appellant quarreled with each other. Prior to that, they were also not in good terms. Then the deceased assaulted the accused Arjuna with lathi. Thereafter, the accused-appellant went to his house and brought out a tangi and assaulted the deceased as a result of which the deceased fell down sustaining bleeding injury and expired at the spot. Co-accused Apinda alias Api, since acquitted by the Trial Court, allegedly snatched out the tangi from the body of the deceased and then both of them fled away from the spot. This incident was reported to the police. The police took up investigation of the case and upon completion of the same, submitted charge-sheet against both the accused persons for the offence under section 302/34, I.P.C. The appellant took the plea of simple denial.

(3.) The prosecution, in order to prove its case, examined seventeen witnesses, whereas the defence examined none. Out of seventeen witnesses, P.W. 8-Sudam Pradhan and P.W. 12-Sulochan Pradhan are eye-witnesses to the occurrence. Other witnesses P.W. 1 1-Krushna Pradhan and P.W. 13-Sukanti Pradhan are post-occurrence witnesses, who have seen both the appellant and the co-accused running away from the spot by taking the axe with them.