SANTOSH KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment and order dated 02.05.2003 passed in Sessions Trial No.354 of 2001/33 of 2001 whereby the learned Addl. Sessions Judge, Angul while acquitting co -accused Achuta Pradhan and Ashok Pradhan has convicted the present appellant Santosh Kumar Sahoo for commission of offence under Section 302, IPC and sentenced him to undergo imprisonment for life.

(2.) THE prosecution case in brief is that the deceased had love affair with one Kuni, the sister of co -accused Achyuta (since acquitted). As such, parents of the deceased had given a marriage proposal. But, such proposal was turned down due to protest of the wife of Achyuta. Consequently, the deceased was threatened with dire consequences by co -accused Achyuta and his brother co -accused Ashok (since acquitted). It is alleged that the present appellant intended to marry the said Kuni. On 27.04.2001 night, because of the good term he had with the deceased, the present appellant called the deceased from his house and took him towards railway line. On the next day, i.e., on 28.04.2001 the dead body of the deceased was found on the railway line. The matter was reported at the Handapa Police Station. During investigation, the present appellant gave recovery of the knife, his bloodstained cloth and the watch of the deceased. The I.O. (P.W.12) seized those articles, sent the dead body for post mortem examination, examined the witnesses, also sent the incriminating materials for chemical examination and ultimately after completion of investigation submitted charge sheet as against the appellant and two others under Section 302/34 of the IPC.

(3.) THE plea of the defence is complete denial of the prosecution case.