SADA @ RENTAL HEMBRAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 18.08.2003 passed by the learned Sessions Judge, Keonjhar in S.T. Case No.247 of 2000 convicting the appellant under Section 302 of the I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The prosecution case is that on 13.06.2000 at about 4 O'clock in the afternoon deceased Bisu Hembram was standing in front of his house. At that time, accused Sada @ Rental Hembram rushed towards him and picking up a piece of wood used for making charpoy assaulted deceased on his head successively. Suddenly, deceased fell down on the ground. His wife and mother brought him inside the house. In the mid-night, he succumbed to the injury. On the basis of the oral report lodged by Nrusingha Soren (P.W.3), Indramani Si(P.W.7), the then O.I.C of Harichandanpur P.S took up investigation. During investigation, he held inquest over the dead body of the deceased, challaned the dead body for post-mortem, made relevant seizures, arrested the accused, sent the seized articles for chemical examination through Court and on completion of investigation filed charge sheet U/s. 302 I.P.C against the accused.

(3.) On receipt of charge-sheet, cognizance was taken and the case was committed for trial. During trial the prosecution besides examining seven witnesses exhibited twelve documents in order to substantiate the charge. The defence did not choose to adduce either any oral or documentary evidence. The learned Sessions Judge, who tried the case, convicted the accused for commission of offence under Section 302, IPC and sentenced him to undergo imprisonment for life basing upon the oral evidence of P.Ws.2 and 4, the medical evidence of P.W.6 and other incriminating circumstances available on record.