JOGENDRA SABARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal the Appellant has assailed the order of conviction and sentence passed by the learned Sessions Judge. Sambalpur under Section 302, IPC in S.T. No. 74 of 1994 directing the Appellant to undergo rigorous imprisonment for life for committing the murder of the deceased Kuber Sabar.

(2.) THE prosecution story as unraveled during trial is as follows:

(3.) THE plea of the accused in the trial Court was one of complete denial, and ultimately it was pleaded that since the offence was committed in a fit of anger he should be convicted under Section 304, either Part I or Part II IPC. The learned Sessions Judge after resume of the entire evidence on record was inclined to record a conviction under Section 302, IPC and sentenced him to undergo R.I. for life.