SUBASH CHANDRA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant-Subash Chandra Swain assails his conviction for commission of offence punishable under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) and sentence to undergo imprisonment for life, recorded by the learned Sessions Judge, Puri in S.T. Case No.265 of 2001, vide., judgment of conviction and order of sentence dtd. 13/5/2002.

(2.) Bereft of unnecessary details, the case of the prosecution in brief is as follows: On the written report containing allegation that on 17/5/2000 at about 11.30 near Erbung High School accused inflicted injuries on the head and shoulder of deceased Pravakar, brother of the informant, by means of spade (Kodal), Gop P.S. Case No.58 dtd. 17/5/2000 was registered under Ss. 324, 326 and 307 of the Penal Code and the matter was investigated into. The informant and witnesses were examined and blood stained grass and sample grass were seized from the spot. On succumbing to his injuries by the deceased at S.C.B. Medical College and Hospital, Cuttack, Mangalabag P.S. U.D. Case No.397 dtd. 17/5/2000 was registered, matter was enquired into, inquest over the dead body of the deceased was held whereafter the dead body of the deceased was subjected to post-mortem examination, wearing lungi and two envelopes were seized after post-mortem examination and on completion of enquiry, the C.D. was sent to Gop Police Station on the point of jurisdiction. On receipt of information of death of the deceased, Gop P.S. Case was turned to a case under Sec. 302 of the Penal Code. From a nearby pond of one Bhramarbar Muduli, spade, the weapon of offence was seized and on the production of seized spade opinion of the doctor who conducted post-mortem examination regarding possibility of injury by that weapon of the offence was obtained, and the seized articles were subjected to chemical examination and on completion of investigation, the accused was charge-sheeted under Sec. 302 of the Penal Code.

(3.) The defence plea is a denial one.