SATRUGHNA BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 22/11/2006 passed by the learned Additional Sessions Judge, Bargarh in S.T. Case No. 77/21 of 1990 convicting the Appellant for offence punishable under Sec. 302 of IPC and sentencing him to undergo imprisonment for life with payment of fine of Rs.1,000.00in default whereof, to undergo simple imprisonment for a period of one month.

(2.) It is relevant to note, the Appellant is on bail pursuant to an order passed by this Court on 31/7/2013 in Misc. Case No. 1890 of 2011.

(3.) The prosecution case in brief was, on 21/8/1989 at about 9 pm in the night, Ajodhya Bhoi (hereinafter referred to as the 'deceased'), Dakhila Jhankar (PW4), Parama Jhankar and Giridhari Sahu were playing cards sitting on the outer verandah of the deceased's shop-cum-residence in village Talmenda and Bansidhar Bhoi (PW3), Haribola Bhoi (PW5) and Jaysingh Bhoi (PW7) the brother of the deceased, were watching the playing of cards. At that time, the Appellant Satrughna Bhoi being armed with a tabal (MOI) suddenly appeared behind the deceased and attacked him by giving a blow with MOI on the right side neck adjoining the face resulting his instantaneous death by falling on the ground. The Appellant, thereafter, escaped from the spot despite being chased by PW7.