MADGU TUDU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentenced dtd. 15/4/2005 passed by the Additional District and Sessions Judge, Fast Track Court, Rourkela convicting both the Appellants for the offences under Sec. 302 read with 34 IPC and sentencing each of them to undergo rigorous imprisonment for life (RI) and to pay of fine of Rs.2000.00 and in default to undergo R.I. for six months in S.T. Case No.202/51 of 2004.

(2.) The case of the prosecution was that on 1/4/2004 deceased Susanta along with Bhola Das (P.W.22) god-son of Susanta Das father went to the house of one Ranjeeta Majhi to watch Film in her T.V. In the night, there was a quarrel between the deceased Susanta and the two accused outside the house of the Ranjeeta and there was pulling and pushing. Thereafter, while Susanta was returning with P.W.22 to the house both the accused persons assaulted the deceased with a 'thenga'. As he fell down they assaulted again by hands and bricks and then fled away. P.W.22 went to the house of the deceased called his younger brother Sumanta @ Bapi to take the deceased to the house. After being brought to the house Susanta died. Manmath Lenka (P.W.1) the father of the deceased lodged a report to the police and the case was then registered and both accused charge sheeted for the offence under Sec. 302 read with 34 IPC the pleaded not guilty.

(3.) The trial court discussed extensively the evidence of the solitary eye witness P.W.22 and concluded that he was reliable although he was related to the deceased. His evidence was found to be truthful. The trial court also discussed the evidence of P.Ws.4 and 8, who were present along with the Investigation Officer (P.W.21) at the time of recovery of the badi and the brick used in the assault of the deceased.