ANWAR KHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th August, 2014 passed by the Additional Sessions Judge, Baripada, Mayurbhanj in S.T. No.20/133 of 2012 convicting the Appellant for the offence under Section 302 of the Indian Penal Code (IPC) and sentencing him to imprisonment for life as well as to pay fine of Rs.1000/- and in default of payment of fine to undergo R.I. for three further months.

(2.) The case of the prosecution is that a complaint was lodged at Baripada Town Police Station by one Sabjad Khan on 19th April, 2012 at about 7.30 am stating that he had received information from one Sk. Ajim that his younger brother Manwar (deceased) had been assaulted by his middle younger brother (Anwar Khan, the present Appellant) by means of a 'Bhujali' in the night of 18th April, 2012 at about 11.30 pm near T.B. Hospital Chhak. As a result, Manwar had been admitted to the hospital and had subsequently expired.

(3.) Thereafter, the complainant (Sabjad Khan) informed the father of the deceased and had gone to the hospital. There he found the dead body of Manwar lying in the verandah. It was further alleged that previously the accused had assaulted the informant by means of a 'Khura' for which an FIR had been lodged.