MANAS PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant appeal is filed by the Appellant assailing the impugned judgment dtd. 3/4/2007 passed in C.T. Sessions Case No.57 of 2006 by the learned Sessions Judge, Dhenkanal on the ground that the order of conviction and sentence for the offence under Sec. 302 IPC is untenable in law and therefore, liable to be set aside.

(2.) As per the prosecution case, the alleged incident took place on 24/10/2005 at about 5.30 p.m. while the deceased and his cousin brother were sitting on the veranda of their house and talking to each other and at that point of time, the Appellant arrived by holding a kati and he suddenly gave a blow to the victim with that sharp edged weapon on to the neck causing his instant death and thereafter, ran away and then the cousin of the deceased raised alarm to which the family members reached at the spot. After the above incident, F.I.R. was lodged by the brother of the deceased and accordingly, the case was registered and finally, the charge sheet was filed. The Appellant was committed to the Sessions Court for trial. During trial, prosecution examined 12 witnesses and exhibited 14 documents besides the material objects. The Appellant examined a single witness. Ultimately, considering the evidence on record, the learned court below found the Appellant guilty for having committed an offence punishable under Sec. 302 IPC and convicted him thereunder and awarded him a sentence of life imprisonment by the impugned judgment dtd. 3/4/2007.

(3.) The defence plea of the Appellant has been one of complete denial and false implication.