JITU PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the sole appellant-Jitu Parida assails his conviction, under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity), and sentence to undergo imprisonment for life as well as to pay fine to the tune of Rs.1,00,000/-, in default of payment of fine to undergo R.I. for two years recorded by the learned Sessions Judge, Angul in C.T.(s) No.141 of 2015.

(2.) The prosecution case in brief is that both the Appellant-Jitu Parida and the deceased Mamuli Barik belonged to village Kangula and there was previous enmity between them. The Appellant-Jitu Parida was once arrested by the Police, on the complaint of the deceased Mamuli Barik, and was subsequently released on bail. On 19.05.2015 at about 2.00 P.M. Jitu Parida on getting information that Mamuli had been to Angul Town and would return home, waited in the Tiffin shop of Sanjaya Parida located at Bihari Chhak, Kangula. At about 2.30 P.M. when Mamuli Barik reached the spot, the accused called the deceased to the Tiffin shop of Sanjaya Parida and there was altercation between them relating to previous dispute. Sanjaya Parida also reached the Tiffin shop and saw the fighting between them.

(3.) The defence plea is one of complete denial and false implication.