BHARAT SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant calls in question his conviction under Section 302 of the Indian Penal Code (hereinafter referred to as the "Penal Code" for brevity) and sentence of imprisonment for life recorded by the learned Ist Addl. Sessions Judge, Cuttack in S.T. Case No.494 of 1996 as per judgment dated 07.9.2000.

(2.) The prosecution case in short is that on 08.12.1995 night the deceased Chhabi and the accused Bharat stayed in one room, i.e. the machine house or the huller house. On the next morning when Basanta Rana came to the huller house to perform Puja and knocked on the door, none opened the door as the same was locked from outside. Therefore, he intimated the informant, who opened the door and found the dead body of the deceased lying inside the room being covered with a blanket and an iron was kept besides his body. The Appellant-accused, who had also slept there, had absconded. He submitted the report before the O.I.C., Baramba Police Station. The O.I.C., Baramba Police Station registered P.S. Case No.221/95 for the offence under Section 302 of the Penal Code and took up the investigation. After completion of investigation, he submitted charge sheet against the Appellant for the offence under Section 302 of the Penal Code.

(3.) The defence took the plea of simple denial.