BAIKUNTHA BIHARI DANSANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant-Baikuntha Bihari Dansana assails his conviction for commission of offence punishable under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "Penal Code," for brevity) and sentence to undergo imprisonment for life, recorded by the learned Additional Sessions Judge, (F.T.), Sambalpur in S.T. Case No.213/39 of 2006-07, vide, judgment of conviction and order of sentence dated 27.05. 2008.

(2.) The prosecution case is that, on 4/7/2006, at about 12.30 P.M. (noon) the deceased after taking lunch, went outside. The informant went in search of his uncle, Bijaysankar and at about 1.30 P.M. he found the footwear of the deceased was kept on the verandah of the house of the accused and the house was closed from inside. The informant called the name of his uncle and the accused replied from inside his house that the deceased was not inside his house and did not open the door of his house. Informant suspecting some foul play, asked the accused to open the door, but he did not open it. At about 5.00 P.M. the informant along with Dusmanta Naik, Rajkumar Naik, Janardan Panigrahi and Hruda Chandra Patel, broke open the door of the accused, and found the beheaded dead body of Bijaysankar was lying on the ground, inside his house and the head was kept separately and the accused and his son were also inside his (accused) house.

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