SARAT PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the Judgment & Order Dated 01.05.2003 passed by the Learned Additional Sessions Judge, Angul in Sessions Trial No.320 of 2001/21 of 2001 convicting the Appellant for commission of offence under Session 302, I.P.C. & sentencing him to undergo imprisonment for life.

(2.) THE prosecution case in brief is that on 14.04.2001 at about 1.30 P.M. while preparation was going on for "Meru Puja" at Kamana temple of village Nagjharan, the accused -Appellant assaulted a minor boy, namely, Bijan of village Dahimal. As the deceased protested such action of the accused -Appellant, a quarrel ensued between them. The informant (P.W:2), Bisi Behera, Nari Bhoi Nari Dehury (P.W.6), Darpani Behera (P.W.1) and Kandarp Naik subsided the quarrel. At this, the accused -Appellant went away towards his house in an angry mood. At about 2 PM. he came with a 'tangia' (commonly) used for cutting the date palm tree) and dealt a blow to the neck of the deceased while he was sitting under the shade of a mango tree. As a result, the deceased sustained bleeding injury and breathed his last. Thereafter, the incident was reported to the police on the basis of which a case was registered and investigation commenced. On closure of investigation, the, charge -sheet was filed against the accused -Appellant under Section 302, IPC and the case was committed to the Court of Session for trial. 2. During trial the Appellant took the plea of complete denial. The prosecution, in order to prove the charge, examined as many as 11 witnesses including two investigating officers and the doctor and exhibited to documents. The defence examined none in support of its plea.

(3.) MR . Rath, Learned Counsel for the Appellant assails the impugned Judgment on the following grounds: