TULASIRAM BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal assails the order of conviction and sentence passed against the Appellant under Section 302 of the Indian Penal Code for commission of offence of murder of Gaheswar Bag who is no other than his paternal uncle.

(2.) THE prosecution case as narrated in the trial Court's judgment is as follows:

(3.) MR . Sahoo, learned Advocate appearing for the Appellant has invited our attention to the evidence of the Medical Officer (P.W.5), who treated Ganeswar and had opined that Ganeswar received two lacerated injuries, but from the eye witnesses account it has appeared that the sharp side of the weapon was used for causing such injuries. It was strongly contended that in case sharp side* of the weapon was used, no lacerated injury could have been inflicted on the deceased. But the doctor in his evidence has given the opinion that even an injured can get such type of injury by inflicting sharp side of the weapon. In that view of the matter, if the evidence of eye witnesses and also the doctor is read together it can be safely concluded that such type of injuries might have been possible by the weapon of offence.