PARAMESWAR BHAISA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a case of patricide. The appellant-Parameswar Bhaisa has been convicted by the learned Adhoc Addl. Sessions Judge, Sundargarh under Section 302 of the Indian Penal Code,1860, hereinafter referred to as 'Penal Code' for brevity, having committed murder of his father on 14.09.2010 at about 11 A.M. inside his own house. The appellant also assails the sentence of imprisonment for life and fine of Rs.5,000/- in this appeal. The impugned judgment has been passed on 17.05.2011 in S.T. No.70/19 of 2011.

(2.) The case of the prosecution in brief is that on 14.09.2010 at 11 A.M. the appellant came to his house situated at village Jhargaon in a drunken state. Apprehending danger to the lives of the family, his wife Puspa Bhaisa closed the entrance door from inside, in order to prevent the accused from entering into the house. At that time, Lochan Bhaisa, her father in-law, who happens to be the father of the appellant, was sleeping in the inner court yard on a cot. Her son was also sleeping there. The appellant scaled over the wall of his house, entered inside the house and then assaulted his father by means of a tangia giving three successive blows on his neck. The deceased while sleeping on a cot sustained severe bleeding injuries on his neck and expired. Thereafter, the accused fled the spot. He went towards the jungle. Hearing about the incident, the Sub-Inspector of Police, R.C. Sahu of Sargipali outpost, arrived at the spot i.e. the house of the accused. On his arrival, wife of the accused presented a written report, which was registered as an FIR. The investigation of the case was taken up. The S.I. of police took necessary steps like examining the complainant and other witnesses, dispatching dead body for post-mortem examination, seizure of the weapon etc., and after completion of investigation submitted charge-sheet against the appellant under Section 302 of the Penal Code.

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