LAWS(ORI)-1962-1-8

KARMU KISAN Vs. THE STATE

Decided On January 31, 1962
Karmu Kisan Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) THIS is an appeal from an order of conviction and sentence, passed by the learned Sessions Judge, Sambalpur Sundergarh, whereby he convicted the accused Appellant under Section 302 Indian Penal Code and sentenced him to rigorous imprisonment for life, in the circumstances hereinafter stated.

(2.) THE prosecution of the accused Appellant arose out of an incident, which took place in the night of September 12 -13 -1960 at village Romachi in the district of Samblapur where, one Muni Kisanin is alleged to have been murdered by the accused Appellant with a Tabal (axe). On September 13, 1960 at 9.30 a.m. the First Information Report was lodged at the local police station, six miles away from the place of occurrence, by the uncle of the deceased (P.W. 11). On September 14, 1960 the doctor held post -mortem examination of the deceased 's dead body. On September 15, 1960 the accused Appellant was arrested at his village Kunmendra, 25 miles away from the place of occurrence.

(3.) THE defence taken on behalf of the accused Appellant was a simple denial of the entire incident, and he denied that he had ever gone to the house of Sega in the night of the incident and attempted to attack Julia as alleged.