TRINATH BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction dtd. 2/5/1998 passed by the learned Additional Sessions Judge-cum-Special Judge (Vigilance), Berhampur in Sessions Case No.22 of 1998 [SC No.261 of 1997 (GDC)] arising out of G.R. Case No.75 of 1997 (corresponding to Rambha Police Station Case No.35 of 1997). By the said impugned judgment and order of conviction, the learned trial Court convicted the present Appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC) and sentenced him to imprisonment for life.

(2.) The case of the prosecution is that on 1/4/1997 at around 7.30 pm, the deceased Ghanashyam Behera was sitting in his verandah in Gajapati Nagar when the accused suddenly came there and attacked him by giving him stab blows on his left chest and left belly causing bleeding injuries. The deceased became unconscious and was immediately removed to the Rambha hospital. As his condition was serious, the doctor there referred him to the MKCG Medical College and Hospital, Berhampur. While he being taken to the MKCG Medical College and Hospital, the deceased succumbed to his injuries and was brought dead to the said hospital. Thereafter a written report was lodged before the Rambha Police Station (PS), which came to be registered as Rambha P.S. Case No.35 of 1997 under Sec. 302 IPC. After completion of investigation, the charge-sheet was filed. The Appellant having pleaded not guilty was sent up for trial.

(3.) The prosecution examined as many as 14 witnesses. The defence did not examine any witness. The prosecution witnesses (PWs) 7 to 10, who were examined as eye-witnesses to the occurrence. On analyzing the evidence, the trial Court came to the conclusion that the Appellant was guilty of the offence under Sec. 302 IPC and sentenced him as noticed hereinbefore by the impugned judgment.