TULARAM NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant has filed this Prisoner's Petition from the jail to challenge the Judgment dtd. 5/10/2013 delivered in Sessions Trial Case No.37/43/97 of 2010-13. The challenge encompasses simultaneously the order of sentence dtd. 5/10/2013.

(2.) The appellant was charged under Sec. 302 of the IPC for committing murder of Duryodhan Nayak, father of the appellant on .08.2009 at 3 P.M. As the appellant denied the said charge and raised the plea of innocence, he was put to trial. On completion of the trial, the appellant has been convicted under Sec. 302 of the IPC. As consequence of the said conviction, the appellant is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.10,000.00 (Rupees ten thousand) and in default of payment of fine, the appellant would suffer further rigorous imprisonment for one year.

(3.) Briefly stated the prosecution case is that on 25/8/2009, at about 3 P.M., the appellant killed his father by a Katara (Bill Hook) and his dead body was left lying on the road side of Jali Bahal Chowk. Having received the said information from Mantu Naik, Purandar Naik, another son of the deceased, informed the occurrence to Laikera Police Station and on that basis, Laikera P.S. Case No.100(19) of 2009 was registered under Sec. 302 of the IPC. Since the informant clearly revealed that his brother, namely Tularam Naik [the appellant] committed the murder, he was arrested and finally, he was put to trial on the said charge. The trial was conducted by the Addl. Sessions Judge, Jharsuguda.