GOBARDHAN PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 24/6/2006 passed by the Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in Sessions Case No.75 of 2005 convicting the Appellant under Sec. 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5000.00 and in default to undergo R.I. for six months.

(2.) This Court has heard the submissions of Ms. Ruchi Rajgharia, learned Amicus Curiae appearing for the Appellant and Mr. J. Katikia, learned Additional Government Advocate for the Respondent-State.

(3.) Bikram Pradhan (PW-1), the brother of the accused lodged as FIR with the Officer-in-Charge of Kesinga Police Station alleging that on 12/4/2005 when he had gone to Rupra Bazar for selling Gud, one Biranchi Majhi of his village informed him that his mother had fallen down and that his presence was urgently required. When he came to the house, he found that his mother had suffered a head injury and his father Nrupa Pradhan (PW-2) informed him that the accused at around 9.30 am had assaulted his mother with a walking stick and when it was broken assaulted her on her with a stone. The accused was also said to have pelted a stone towards his father who tried to intervene. The deceased died soon after the arrival of PW-1.