SARATHI BANICHOR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against a judgment dtd. 5/6/2006 passed by the learned Additional Sessions Judge, Boudh in S.T. No.74 of 2005 convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.10,000.00 in default to undergo RI for a further two years.

(2.) It must be mentioned at the outset that the Appellant was enlarged on bail by an order dtd. 23/2/2010 passed by this Court. A report was sought from the concerned IIC about the whereabouts of the Appellant. By a letter dtd. 7/2/2021, the Officer-In-Charge (OIC), Harabhanga P.S. confirmed that the Appellant is alive and residing in his village and he is able to perform his daily works.

(3.) The case of the prosecution is that on 12/6/2005 at 10 PM while the Informant Dasarath Banichor (P.W.1) who happens to be the uncle of the Accused, was discussing with his son-in-law Hemanta Bagarty (P.W.5) on his verandah, his younger brother Krushna Banichor, the deceased, was taking his meal. The Accused Sarathi Banichor was sleeping on a cot in front of the house. After finishing food when the deceased Krushna went to wash his hands, the Accused suspecting that they were discussing against him, suddenly dealt a blow with a piece of wooden stick on the forehead of Krushna Banichor. Krushna received bleeding injuries and fell down. Though they administered water, Krushna could not be revived and died on the spot.