CHAITAN GABADA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has assailed the order of conviction and sentence passed by the Additional Sessions Judge. Jeypore in S.C. No. 97 of 1994 under Section 302, IPC directing the Appellant to undergo imprisonment for life.

(2.) THE prosecution story as unfolded in course of trial is as follows:

(3.) MISS Mohapatra, the learned Counsel appearing for the Appellant, has submitted that although in the trial Court a plea was taken on behalf of the Appellant to convict him under Section 302, Part II, IPC but it was unreasonably rejected. Since the incident had taken place on the spur of the moment and out of a sudden impulse and there was no pre -meditation to cause murder of his own father -in -law, therefore, the learned Addl. Sessions Judge should have considered the case under Section 304, Part II, IPC but not under Section 302. IPC. We found that submission of Miss Mohapatra gains sufficient force. Nowhere the prosecution has proved that the Appellant had got any intention for committing the murder.