TIMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 1/12/2008 passed by the Sessions Judge, Dhenkanal in C.T./SS Case No.122 of 2007 convicting the Appellant for the offence punishable under Sec. 302 of IPC and sentencing him to undergo Rigorous Imprisonment (RI) for life and to pay a fine of Rs.2,000.00 and in default to undergo RI for two months.

(2.) The case of the prosecution was that the Appellant murdered one Nakul Mallik at around 7 am on 27/4/2007 with a knife and this was witnessed by Nirakar Mallik (PW-1), the informant who was also the son of the deceased. According to PW-1, on the previous day, the Appellant abused both the deceased and PW-1. On the day of the occurrence, when the deceased was returning from having attended the call of nature, PW-1 heard the deceased shouting and crying. When he came out of the house, he found that the Appellant had caught hold of the neck of the deceased and was stabbing him on the neck, belly and chest. When PW-1 rushed to save the deceased, the Appellant chased PW-1, who out of fear took shelter in the house of one Nuria Naik.

(3.) The cross-examination of PW-1 did not yield much for the defence and his deposition was fully corroborated by the medical evidence of Dr. Santosh Kmar Routray (PW-6) who found the following injuries on the body of the deceased: