RAJ KUMAR PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 20.10.2003 passed by the learned Additional Sessions Judge, Nuapada in S.C. No.115/15 of 2002 -2003 convicting the appellant under Sections 302/324, IPC and sentencing him to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for one year for the offence under Section 324, IPC, which are to run concurrently.

(2.) THE prosecution case in brief is that on 03.06.2002 at about 9.30 P.M. the deceased had been to Boden bus -stand. At that time, by means of a knife accused assaulted to the deceased, as a result of which the deceased died sustaining injuries on his chest and hands. Getting such information from P.W.2, the informant P.W.1, who is the mother of the deceased, proceeded to the spot and found the deceased lying dead on the road near Boden bus -stand having injuries on his chest and hands. Then, P.W.1 went to Boden police station and lodged the FIR (Ext.1) getting it scribed by P.W.4. On receipt of Ext.1, the OIC, Boden P.S. (P.W.14) registered the case and took up investigation. During investigation, he visited the spot, examined the informant and other witnesses, held inquest over the dead body of the deceased, seized sample earth and bloodstained earth under seizure list Ext.2 and sent the dead body for postmortem examination. He also seized wearing apparels of the deceased, arrested the accused, seized the weapon of offence after disclosure statement made by the accused while in custody. He sent the accused for medical examination, seized his wearing apparels and forwarded him to the court. He handed over the charge of investigation to P.W.15, who despatched the exhibits to R.F.S.L., Berhampur and after receipt of the chemical examination report handed over the charge of investigation to P.W.9, who placed charge sheet against the accused.

(3.) THE plea of the appellant is one of complete denial and false implication. His specific plea is that while he was chopping potatoes inside Gupta hotel, the deceased came and told him to open the door. But, he did not open the door, for which the deceased broke open the door, entered inside the hotel and caught hold of his neck. He freed himself from the deceased and ran away to his owner.