SAHADEV KARJA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29.11.2005 and order of sentence dated 05.12.2005 passed by learned Ad hoc Additional Sessions Judge, Gunupur in Criminal Trial No.03 of 2004 convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1,000/ - in default to suffer R.I. for six months more.

(2.) THE occurrence happened on 2.11.2003. It was 3.00 P.M. then. The deceased and Jadu (P.W.5) were talking at the house of Jadu (P.W.5). The appellant came there and dealtsuccessive Tangia blows on the deceased as a result of which deceased sustained bleeding injuries and died instantaneously at the spot. P.W.1, widow of the deceased lodged F.I.R. On completion of investigation, charge -sheet was filed implicating the appellant in offence under Section 302, I.P.C. The defence plea is one of complete denial.

(3.) THE prosecution has examined eleven witnesses to prove the charge including the eye witnesses P.Ws.3 and 5. Defence has examined none.