RAINA @ RANJAN JUANGA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant has been convicted and sentenced to life imprisonment for murder simpliciter by the learned Sessions Judge, Keonjhar in Sessions Trial Case No.62 of 2008.

(2.) The prosecution case in brief is that, the Appellant and the deceased were two friends and belonged to the same village Talapada. On 24th September, 2007 around 9 pm they were coming down the village road quarreling with each other. The quarrel intensified near the house of deceased and the Appellant assaulted the deceased by fist blows. Hearing the shout, two elder brothers of deceased (P.W.1 and P.W.2) came out from their house and separated them. But during the quarrel deceased fell down on a hard surface and sustained a head injury. Then the Appellant left the place saying that he would take the deceased to Hospital and did not turn up. P.Ws.1 and 2 took the deceased into their house. He died there the next evening around 5 pm. P.W.1 lodged the written report (Ext.1) on the same night of the death. It was registered as Daitari P.S. Case No.27 dated 25th September, 2007.

(3.) P.W.5, the then I.I.C. of Daitari Police Station took up investigation. On the next morning inquest over the dead body was held and the dead body was sent for post mortem examination. P.W.4, the Medical Officer working as O&G specialist in the Sub-Divisional Hospital, Anandapur conducted post mortem examination on 26th September, 2007 at 5 pm. The accused was arrested on 1st October, 2007 and upon completion of investigation, a charge-sheet was submitted on 25th December, 2007 against the Appellant as the sole accused for the commission of the offence under Section 302 of I.P.C.