GURU @ GURA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Impugned judgment dtd. 21/8/2006 passed in Sessions Case No.157 of 2003 by the learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna is under challenge at the behest of the Appellant for having been convicted under Sec. 302 IPC and sentenced to undergo R.I. for life and pay a fine of Rs.5000.00 in default to undergo R.I. for six months.

(2.) In the instant case, a report was lodged at the local PS for an incident dtd. 22/5/2003 alleging therein that the Appellant by means of an axe assaulted and killed the deceased. The facts in detail with regard to the occurrence were described in the F.I.R. As a result, a case was registered. After completion of investigation, charge sheet was submitted against the Appellant under Sec. 302 IPC for having intentionally caused murder of the victim. In course of trial, the prosecution adduced oral and documentary evidence. But, no defence evidence was led from the side of the Appellant. Finally, the learned court below, considering the evidence of the prosecution and defence plea held the Appellant guilty and then, passed the impugned judgment dtd. 21/8/2006.

(3.) Heard Mr. S.C. Mekap, learned counsel for the Appellant and Mr. J. Katikia, learned AGA for the State.