PATHANI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of conviction and sentence under Section 302, IPC passed by the learned Sessions Judge, Puri in S.T.No. 108 of 1989, directing the appellant to undergo rigorous imprisonment for life has been assailed in this appeal.

(2.) The skeletal picture of the prosecution story, as unfolded in course of trial, is as follows:

(3.) At about 10.30 P.M. after the night food while the deceased was preparing 'Dukta' sitting at the threshold of the living room, the appellant went there and assaulted him with an iron rod causing severe bleeding injuries, as a reason whereof, Jagara fell down in a pool of blood and instantaneously died. After the assault, the appellant threw the iron rod at the spot and left the house through the back door. At that time a kerosene lamp was burning. Tara Jena (P.W. 2), the daughter of the deceased, who was in that room raised a hue and cry calling her mother and aunt by uttering that the appellant had assaulted her father. On hearing such shout raised by P.W. 2, they reached the spot and found Jagara dead. On the following day, the Gramarakhi, Nilakantha Mallick, on receiving information about the incident went to the house of the appellant and ascertained about the incident from P.Ws. 1 and 2. Thereafter, he lodged F.I.R. at Jankia Police Station. During investigation, the I.O. visited the spot, held inquest over the dead body of Jagara, prepared the inquest report (Ext. 2/2,) despatched the same for post mortem examination to Khurda Headquarters Hospital, seized the incriminating materials, such as, sample earth, blood-stained earth, blood-stained iron rod, blood-stained clothes, examined the witnesses, arrested the appellant and after completion of investigation placed charge-sheet against the appellant.