HERBETUS ORAM Vs. STATE

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302. Indian Penal. Code, and sentenced to undergo imprisonment for life by Sri U.N. Misra., Sessions Judge, Sambalpur -Sundargarh, by his judgment dated 2 -5 -1968 passed in Sessions trial No. 2 (sgh) of 1968.

(2.) THE Appellant, aged 20 years, has been charged under Section 302, for having committed murder by intentionally causing the death of his farther Mercus Oram by assaulting him with a stick about the midnight of 18th/19th of September, 1967.

(3.) P .ws. 2 and 3 are the eye -witnesses to the occurrence. p.w. 4, a brother of the deceased, hearing the cries of p. w. 3 came inside the house of the deceased and found him lying on a cot injured. He found the accused present there. He learnt from p.w. 3 that the accused had assaulted his father with a stick. p.w. 4 asked the accused as to why he assaulted his father. The accused kept quite. p.w. 4 then called some villagers in the morning of 19 -9 -1967 after the death of the deceased had occurred. p.w. 5 is a co -villager who came to the place of occurrence being called by p.w. 4. It is alleged that the accused made an extra -judicial confession to this witness, as well as to two other villagers p.ws. 7 and 8.