MANAS KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of conviction under Section 302, Indian Penal Code (for short 'I.P.C.') and the sentence to undergo rigorous imprisonment for life, passed by the learned Second Additional Sessions Judge, Cuttack in S.T. Case No. 4 of 1995, is impugned in this appeal by the sole appellant.

(2.) ON the basis of an F.I.R. lodged before the Officer in charge, Tirtol Police Station on May 21, 1994, P.S. Case No. 141(33)/94 was registered initially under Sections 342/307/34 I.P.C. against the appellant and three others, namely, Babaji Das, Maheswar Das and Sara Bewa, for causing grievous hurt to one Babaji Bhoi. Since the victim later on succumbed to the injuries, the case was converted to one under Sections 342/302 read with 34 I.P.C. and charge sheet was submitted.

(3.) PROSECUTION case is, while giving first aid the condition of the victim deteriorated and the medical officer referred him to S.C.B. Medical College Hospital, Cuttack whare the victim succumbed to the injuries at about 6.00 A.M. on 22nd May, 1994. Out of the four accused persons, Mahesh Das and Sara Bewa absconded and the sessions trial so far as those two accused persons were concerned was slit up and proceeded only against accused Manas Das and Babaji Das.