SUBASH NAYAK @ ALUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant, who has been convicted by the Sessions Judge, Khurda at Bhubaneswar in Sessions Trial Case No.178 of 2000 for commission of offence under Sections 302/328 I.P.C. and sentenced to undergo imprisonment for life for the offence under Section 302, IPC and R.I. for two years and to pay a fine of Rs.200/ - in default to undergo R.I. for one month for the offence under Section 328 I.P.C, has preferred this appeal from jail.

(2.) THE case of the prosecution is that on 13.3.2000 after cooking dry fish curry when the deceased (Bhudi Bewa) went out of the house, the appellant, who is the step grandson of the deceased, entered into the house and administered insecticide into the dry fish curry. On return, the deceased sent a bowl of the curry to her neighbour -Basanti Naik (P.W.2). Both the deceased and P.W.2 took the dry fish curry in the dinner and went to bed. When they suffered from nausea accompanied with vertigo and started vomiting, initially they were shifted to the Pipili hospital, as the son of the deceased (P.W.1) who is a Florist resided at Pipili. From Pipili, they were shifted to the Capital Hospital, Bhubaneswar where the deceased died of poisoning at 11:35 PM on 14.3.2000 and P.W.2 luckily survived. Basing upon the report of the Medical Officer, Capital Hospital, Bhubaneswar, U.D. case was registered at Capital Police Station. On 16.3.2000, P.W.1 lodged the F.I.R. at Balianta Police Station and after due investigation, police submitted charge -sheet under Sections 302/328 I.P.C. against the appellant.

(3.) THE plea of the appellant was one of complete denial of the allegations.