BHIMA DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 6/4/2011 passed by the Sessions Judge, Ganjam-Gajapati, Berhampur in Sessions Trial No.427 of 2009, convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that on 22/6/2009 at around 11.30 pm, the Appellant entered into the house of his father (Ganesh Dash) at village Lochapada Bada Sahi, picked up a quarrel with him and began assaulting him. The younger son of Ganesh Dash and the brother of the Appellant, Raj Sekhar Dash intervened following which the Appellant got incensed and stabbed the deceased Raj Sekhar Dash with a knife, as a result of which he sustained serious injuries on his chest and other part of his body. The deceased was immediately shifted to the MKCG Medical College & Hospital, Berhampur, but was declared brought dead by the doctor.

(3.) The case of the prosecution further is that while in custody, the accused led the police and witnesses to the place of concealment of the weapon of offence and helped it get recovered. On completion of the investigation, a charge-sheet was led against the Appellant. The Appellant pleaded not guilty and claimed trial.