SANKAR LENKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 26.04.2002 passed by learned Sessions Judge, Dhenkanal in S.T. No.24 of 2001, convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) SULLAV Naik is the deceased. He was done to death in the courtyard of co -accused Sambhua Pradhan (since acquitted). As found from the evidence on record, the deceased had come to the courtyard of aforesaid co -accused Sambhua Pradhan in the early morning when there was still darkness. Usha Naik (P.W.1), who happens to be the widow of the deceased, lodged the F.I.R. On the basis of the F.I.R. so lodged, investigation was taken up by P.W.8 Sarat Kumar Rout, A.S.I. of Police attached to Rasol P.S. From him, P.W.7 Pradeep Kumar Mishra, C.I. of Police, Sadar Circle, Dhenkanal took charge of the investigation and tested some witnesses. Ultimately charge -sheet was filed by P.W.5 Mandardhar Sahu, C.I. of Police, Sadar Circle, Dhenkanal, who took charge of the investigation from P.W.7 on his transfer. On completion of investigation, altogether 13 accused persons were sent up for trial, out of whom 12 were acquitted and the present appellant Sankar Lenka was convicted for offence under Section 302, I.P.C.

(3.) PROSECUTION has examined eight witnesses to prove the charge. P.Ws.1 and 2, wife and daughter respectively of the deceased are the eyewitnesses to the occurrence. P.W.3, who is a eye -witness, has turned hostile, P.W.4, who is a seizure witness, has also turned hostile, P.W.6 is the Medical Officer, who conducted autopsy over the dead body of the deceased. P.Ws.5, 7 and 8, as introduced earlier, are the Investigating Officers.