NARAYAN BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by learned Additional Sessions Judge, Sambalpur convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 12.6,1993 in the afternoon at about 4 'O' clock the deceased was coming to his house for taking tiffin. At that point of time, the appellant was standing near his vehicle. Seeing the deceased the appellant demanded money due from him. To such demand, the deceased stated that he had no money to pay and there was a quarrel between both of them. It is the further case in the FIR that thereafter the deceased threw a stone aiming at the accused which hit the forehead of the accused. Thereafter, there was push and pull between the accused and the deceased and it is alleged that the accused suddenly brought out a knife from his vehicle and stabbed on the back of the left side shoulder twice, as a result of which the deceased died on the spot. This FIR was lodged by one Bijili Behera (P.W. 1). On these allegation, FIR having been registered for commission of offence under Section 302 of the Indian Penal Code, investigation was taken up and ultimately charge sheet was submitted for commission of the said offence.

(3.) THE trial Court on the basis of evidence of eye witnesses and recovery of the knife at the instance of the accused, found the appellant guilty of the charge and convicted him thereunder.