LAWS(ORI)-2002-6-31

CHINGUDU KANSARI Vs. STATE OF ORISSA

Decided On June 25, 2002
Chingudu Kansari Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE Appellant assails the order of his conviction and sentence passed by the learned Sessions Judge, Jeypore at Koraput in Sessions Case No. 72 of 1994 under Section 302 of the Indian Penal Code, in short, 'IPC'. whereby and whereunder he has been directed to undergo imprisonment for life.

(2.) THE prosecution case as narrated in course of trial is as follows:

(3.) IT is opined by the doctor, P.W.1 that the aforesaid injuries can be possible by two blows. learned Counsel appearing for the Appellant has strongly contended that in this case there were about six injuries on the person of the deceased, but the witnesses have only stated about two blows. In that event how can there be six injuries on the person of the deceased. On careful examination of the post mortem report, it appears that one fatal blow was noticed which has been described as Injury No. IV. The other injuries appear to be simple in nature. When a person after receiving such blow on his chest falls down on the ground, other abrasions and scratches might appear. Merely because the witnesses namely P.Ws. 2 and 3 did not narrate about the details of the injuries, we cannot doubt the probability of the prosecution story.