KHEDA @ BAISAKHU CHARDIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY the impugned judgment and order dated 14.5.2003 passed by the learned Additional Sessions Judge, Jharsuguda in S.T.Case No.205/6 of 2002, the appellant has been convicted and sentenced to undergo imprisonment for life under Section 302 for having committed murder of deceased Kandha @ Adikanda Budula.

(2.) DECEASED was appellant s co -villager. Deceased was working as a mason whereas appellant was working as labourer. InformantP.W.2 is deceased s son. P.W.1 is deceased s brother. Occurrence took place on 20.9.2001.

(3.) PROSECUTION case is that deceased found four cement bags belonging to the contractor under which he worked missing when he went to work on the date of occurrence at about 8.00 A.M. Seeing P.W.3, P.W.8, the appellant and others sitting there, when the deceased enquired regarding missing of cement bags there was quarrel between the deceased and the appellant. Appellant assaulted the deceased by means of a BAHUNGA M.O.I (wooden plank used to carry materials) on his belly. Deceased fell down upon which appellant thrust the BAHUNGA on the belly of the deceased. Deceased felt severe pain and returned home. On P.W.2 s enquiry, he disclosed regarding the occurrence to him. Deceased was taken to Kirmira PHC. Being referred he was taken to the District Headquarters Hospital, Jharsuguda. From Jharsuguda again he was referred to V.S.S. Medical Collge and Hospital, Burla where, while receiving treatment, the deceased died on 22.9.2001. On the basis of written report Ext.2 submitted at the Kirmira Police Station, the Officer -In -Charge P.W.10 registered the case and entrusted S.I. of Police P.W.9 to take up investigation. On completion of investigation, charge -sheet was submitted against the appellant for commission of offence under Section 302 of the I.P.C.