S.K. SALIM @ PYARA Vs. STATE

JUDGEMENT

(1.) Challenge has been made by the appellant in this Jail Criminal Appeal to the judgment and order of sentence dated 28.2.2004 passed by the learned Sessions Judge, Dhenkanal in Criminal Trial (Sessions) No. 101 of 2003/4/2003 convicting him under Section 302 IPC and sentencing him to undergo R.I. for life and to pay a fine of Rs. 1,000/- in default of such payment, he is to undergo R.I. for further three months and acquitting him of the offence under Section 341 IPC. The brief facts of the prosecution is that on 21.7.2002 at about 5.30 A.M. while the informant coming to take tea in the market at that time his brother Mayadhar Behera was also coming to the market by a Scooter. The accused-appellant, who was sitting at Kumbhara Sahi Chhak, assaulted the deceased by means of an axe consequently the deceased fell down from the Scooter. Thereafter, the accused went away from the spot after giving successive axe blows to the deceased. The injured was shifted to Dhenkanal hospital and thereafter referred to SCB Medical College & Hospital, Cuttack where the injured succumbed to the injuries after 15 days, i.e. on 5.8.2002.

(2.) The plea of the accused was one of complete denial.

(3.) The prosecution, in support of its case, examined as many as 11 witnesses out of them P.Ws. 1 and 2 (informant) were eye-witnesses to the occurrence, P.W. 6 was the doctor who gave immediate-treatment to the injured at Dhenkanal hospital. P.W. 11 was the I.O. The prosecution had also produced documentary evidences which were marked as Exts. 1 to 17. Ext 15 and Ext. 17 were spot map and post-mortem report respectively. The defence has examined one witness and filed documentary evidence which was marked as Ext. A, Station Diary Entry dated 21.7.2002.