AMRUSH BARLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment of the learned Additional Sessions Judge, Rourkela in S. T. No. 11/7 of 1993. The accused (hereinafter referred to as 'the appellant') has been convicted under Section 302 of the Indian Penal Code by the learned trial Judge. He was sentenced to under Rigorous Imprisonment for life.

(2.) THE case of the prosecution is very simple. On 14.8.1992 at about 8 P.M. the occurrence took place, At the material time, the deceased, his son and one Herman were returning from Katepur weekly market. The appellant was also with them. On the way, he got angry with the deceased. He assaulted on his head by means of a lathi. Son of the deceased and Herman took him to their village. The deceased died before he was shifted to the hospital. On the report of his son, Bisra P. S. Case No. 28 of 1992 was registered. Police held inquest over the dead body. It was sent for autopsy. On completion of investigation, the appellant was charge sheeted under Section 302 of the Indian Penal Code,

(3.) ELEVEN witnesses have been examined for the prosecution to prove the charge against the appellant. P.W. 1 is the informant. P.W. 2 is a seizure witness. P.W. 3 is cousin of accused as well as the deceased. P.W. 4 is a witness to the inquest held over the dead body of the deceased. P.W. 5 is a Police Constable. P.W. 7 is an eye witness to the occurrence. P.W. 8 is the Doctor who conducted autopsy. P.Ws. 9 and 10 are the seizure witnesses whereas P.W. 11 is the Investigating Officer.