RABI KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant being aggrieved with the order of conviction and sentence imposed on him by the Additional Sessions Judge, Bhanjanagar under Sec. 302 of the Indian Penal Code (for short the 'I.P.C.') in S.C. Case No. 22-272 of the year 2000 has preferred this appeal.

(2.) The appellant faced his trial for having committed murder of one Patra Naik on the morning of 20.2.1999. As per the case of the prosecution, the deceased Patra Naik, who happens to be son of the informant Kartika Naik (P.W.3), trading on cattle, had proceeded to village Biluamara on 20.2.1999 morning. It is alleged that on the same day around 11.00 A.M. one Sankar Naik of Biluamara and two girls who had gone to Biluamara School, came and reported P.W.3 in his house that the appellant along with another had picked up quarrel with the deceased and dealt blows with an wooden "Meddha" (wooden lathi) to the head of the deceased for which the deceased fell down becoming unconscious having bleeding from his mouth and nose. On getting the aforesaid news, P.W.3 along with some co- villagers proceeded to village Biluamara and found some persons nourishing the deceased on the verandah of one Sudarsan Sahu. The deceased was removed to the house of P.W.3, but when he could not regain his sense was shifted to Tarasingi hospital. Information was lodged by P.W.3 in writing before the O.I.C. Tarasingi Police Station on 21.2.1999 (Ext.1). Police on receipt of the said information 3 registered Tarasingi P.S. Case No.9 of 1999 and investigation was taken up. Since the deceased succumbed to the injuries the case turned to be a case of murder, which was initially registered under Sec. 307 of the I.P.C. read with Sec. 34 of the I.P.C. After completion of investigation getting prima facie case against the present appellant charge sheet was placed against him to stand his trial.

(3.) The plea of the appellant was that of a complete denial of the alleged occurrence and it was his further plea that he has been falsely implicated in this case.