PATRA TOPPO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant Patra Toppo assails his conviction under Sec. 302 of the Indian Penal Code (hereinafter referred to as the "Penal Code" for brevity) by the learned Sessions Judge, Sundargarh in S.T. Case No.48/2005 by virtue of the judgment dtd. 28/3/2007. He has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.2,500.00(Rupees two thousand five hundred) without any default.

(2.) The prosecution case in short is that the deceased Pera Toppo, who happens to be the father of the appellant, had a quarrel with the appellant on 21/9/2004 in the night hour. During the course of quarrel the appellant assaulted the deceased, Pera Toppo, on his face and head by means of a hand made wooden hockey stick. Due to assault, the deceased sustained bleeding injuries and died at the spot. On the following day of occurrence, i.e. on 22/9/2004 the appellant confessed his guilt before the villagers. Basing on his confession one Gabriel Dung Dung, the then Ward Member of the village, lodged a written report at Bargaon Police Station. On the basis of the said report, Police registered a case, took up investigation, arrested the appellant and the appellant while in custody confessed his guilt, gave discovery of the weapon of offence, i.e. the hand made wooden hockey stick, M.O.I, dispatched the dead body of the deceased for post mortem examination after holding inquest over the same, and after completion of investigation and receiving the chemical examination report submitted charge sheet against the appellant under Sec. 302 of the Penal Code.

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