PANDAB CHHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of conviction passed by the learned Sessions Judge, Sundargarh in Sessions Trial Case No. 219 of 1993 arising out of G.R. Case No. 186 of 1993 under Section 302. I.P.C. and the sentence to undergo imprisonment for life have been assailed in this appeal.

(2.) THE skeletal picture of the prosecution story is that on 1.7.1993 at about 8.00 P.M. Dambarudhar Chhadia (P.W.1). the uncle of the deceased lodged an oral report at Lahunipara Police Station regarding the murder of his nephew Sanatan Chhadia on 30th June. 1993 committed by Pandab Chhadia and Anr. unknown person which was reduced to writing and pursuant to that Lahunipara P.S. Case No. 65 of 1993 was registered against the Appellant and Anr.. During investigation it was found that one Hrtisikesh Bhoi was also responsible for causing the death of deceased Sanatan Chhadia along with the present Appellant. The I.O. visited the spot, seized broken pieces of glass bottle, examined the witnesses, arrested the Appellant and his associate, sent the seized articles to Scientific Forensic Laboratory for examination and after completion of investigation submitted the charge -sheet against the Appellant and his other associate Hrusikesh Bhoi (since acquitted).

(3.) THE learned Sessions Judge has of course acquitted Hrusikesh Bhoi and convicted the Appellant under Section 302, I.P.C. and sentenced him as aforesaid.