SHAGIRATHI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 16.8.2003 passed by the learned Additional Sessions Judge, Sonepur in S.C. No. 15/17 of 2002 convicting the appellant under section 302, I.P.C. and sentencing him to undergo imprisonment for life, the present appeal has been preferred.

(2.) THE facts leading to filing of this appeal are that the appellant having been charge -sheeted under section 302, I.P.C. was facing his trial in the Court of learned Additional Sessions Judge, Sonepur. The allegation against hint was that on 4.10.2001 at about 1.00 p.m. he committed murder of the deceased Ranjan (the four years' son of the informant P.W. 1) by inflicting axe blows on his neck. During trial the appellant took the plea of denial and false implication. The prosecution, in order to substantiate the charge, examined as many as 12 witnesses including two doctors and the Investigating Officer and exhibited 16 documents including the post -mortem report and chemical examination report. The defence examined none. The learned Trial Judge on assessment of the evidence adduced before him convicted the appellant for commission of the offence under section 362, I.P.C. and sentenced him to undergo imprisonment for life mainly relying upon the evidence of P.Ws. 2 and 3 and other incriminating circumstances on record.

(3.) THIS Court carefully considered the argument advanced by Mr. Behera, learned Counsel appearing for the appellant, and Mr. Zafarulla, learned Additional Standing Counsel appearing for the State. This Court also meticulously went through the oral and documentary evidence available on record.