RUPAN ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 19.07.2003 passed by learned Additional Sessions Judge, Bhawanipatna in Sessions Case No.126/3 of 2002 -2003, convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) THE occurrence happened at about 10.30 A.M. on 17.03.2002 at village Naktiguda Kumbharapada under Bhawanipatna Town P.S. Suresh Rout (P.W.7), who happens to be the brother of the appellant, lodged F.I.R. alleging therein that one Dhabale Rana (P.W.1 0) of his 'Sahi' called him saying that his brother (appellant) has killed his maternal uncle Bhima (deceased), whose dead body is lying on a charpoy. Coming to the spot, he saw Biraji Rout (P.W.6), who happens to be another brother of the appellant and P.W.7 had caught hold of the deceased and there was bleeding from his head. His wife Sanjulata Rout (P.W.4) and his sister -in -law Prabhasini Rout (P.W.5) told him that Rupan Rout (the appellant) assaulted the deceased with a piece of wooden bar ('Khata Bahi') used in the charpoy, while the deceased was sleeping. Mohan Bag (P.W.8) and Biraji Rout (P. W.6) took away the wooden bar from the hands of the appellant and all of them took the deceased in the rickshaw of P.W.14 to the hospital. Getting the deceased admitted in the hospital in an injured condition, P.W.7 lodged F.I.R. at Bhawanipatna Town P.S., upon which investigation was taken up by P.W.15 and on completion of investigation, charge -sheet was submitted implicating the appellant under Section 302, I.P.C., as the deceased succumbed to the injuries on the same day.

(3.) THE defence plea is one of complete denial, but none was examined by the defence.