DHIRENDRA NATH TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IMPUGNED judgment of learned Second Additional Sessions Judge, Bhubaneswar passed in S. T. No. 3/128 of 1993 convicting the accused (hereinafter referred to as 'the appellant') under Section 302 IPC and sentencing him to undergo Rigorous Imprisonment for life is under challenge in this appeal preferred from Jail.

(2.) PROSECUTION case is that on 20/21.9.1992 at about 2 A. M. one Banshidhar Panda (informant) was sleeping in his house. Hearinghualla coming from the house of Pramila Panda (P.W.2), he woke up and rushed there. He found her father (deceased) lying on the ground with multiple injuries on his person. On query, she told him that as her father did not agree to transfer his land in favour of her husband, the latter inflicted injuries on the former by means of a stone (Silapua) and a knife. He fled away thereafter from the spot. The deceased succumbed to the injuries on the way to the Hospital. On the information 6f Banshidhar Panda (P.W. 1), Balipatna P. S. Case No. 77 of 1992 was registered. During investigation police held inquest over the dead body of the deceased. It was sent for autopsy. On completion of investigation, police laid charge sheet against the appellant under Section 302, IPC.

(3.) EVIDENCE of nine witnesses has been pressed into service to prove guilt of the appellant. P.W. 1 is the informant. P.W. 2 is wife of the appellant. P.W. 3 is his daughter. P.W. 4 is a seizure witness. P.Ws. 5 and 6 are inquest witnesses. P.W. 7 is the I.O. P.W. 8 is the O.I.C. of Balipatna Police Station and P.W. 9 is a Constable of the above Police Station.