BUDHU @ BUDHESWAR MOHAKUD Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal, the sole appellant calls in question his conviction under Sec. 302 of the Indian Penal Code, hereinafter referred to as the 'Penal Code' for brevity, and the sentence of imprisonment for life as per the judgment dated 02.11.2000passed in G.R. Case No.12 of 1999 by the learned Special Judge, Mayurbhanj, Baripada.

(2.) The prosecution alleges that on 20/5/1999, at about 8 P.M., the appellant assaulted the deceased Turu @ Bhagirathi Karua by means of an axe causing bleeding injury on his person. Thereafter, he proceeded to Jamda outpost and orally informed the incident. On his oral information, the Station Diary No.320, dtd. 20/5/1999 was recorded at the outpost by Constable Madan Mohan Singh. Then, Constable Artabandhu Singh went to the village and found that the deceased was lying on the road in front of house of Harish Naik of Jamda Pradhan Sahi having sustained cut bleeding injuries. The deceased, in an injured state (was alive at that time), was shifted to the Hospital for treatment. But, the doctor of the Hospital declared him to have been brought dead.

(3.) The accused took the plea of simple denial and false implication.