UNDAKA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of conviction and sentence passed by the learned Sessions Judge. Phulbani in Sessions Case No. 48 of 1989 under Sec. 302 of the Indian Penal Code, in short IPC. sentencing the Appellant to undergo rigorous imprisonment for life has been called in question in this appeal.

(2.) The de facto complainant is the son of the deceased. On 7.3.1989 he lodged a report Ext.7 in Kotagarh Police Station and it was treated as F.I.R. on the basis of which investigation started. In the F.I.R. it has been, inter alia, stated that the tie facto complainant's father went to a place locally known as Sedimaha' to collect Salop juice. The Appellant also went there for the said purpose. While collecting such juice, there was a quarrel between the Appellant and the deceased. It is alleged that the Appellant assaulted the deceased by means of wooden lathi, as a result of which he immediately sank down. P.W.3, Rutumai Pradhan. is stated to have witnessed the incident. On being questioned by her as to why he assaulted the old man (deceased), the Appellant threatened to assault her. It is further alleged that the Appellant flung a stone on the head of the deceased twice, as a result of which he instantaneously died. The de facto complainant having learnt about his father's death proceeded to the spot and found him lying dead. P.W.3 narrated to him what had happened. On receiving the report, the O.I.C. Kothagarn Police Station (P.W.6) reached at the spot, held inquest over the dead body, prepared the inquest report, sent the dead body for post mortem examination and arrested the accused. It is further stated that the Appellant made an extra -judicial confession before the police in presence of the witnesses. The stone and the lathi, which were stained with blood, were seized from the spot and were sent to the Chemical Analyst and Serologist for opinion. On completion of investigation, charge -sheer was placed against the Appellant.

(3.) The plea of the Appellant was one of denial of the incident. He claimed to have been falsely implicated in this case.