MESA SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this JCRLA, the convict/ Appellant (Mesa Sahu) challenges the judgment of conviction and order of sentence dtd. 9/11/2010 passed by the learned District and Sessions Judge, Kalahandi-Nuapada in Sessions Case No.108 of 2008, whereby the Appellant was convicted and sentenced to undergo imprisonment for life with a fine of Rs.5000.00 i.d. to undergo R.I. for a further period of six months for commission of offence under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'the I.P.C.' for brevity). I. CASE OF THE PROSECUTION:

(2.) The prosecution case, in brief is that on 13/3/2008 at 2 P.M. at Kanakpur under Jaipatna police station, the accused and his wife (hereinafter 'the deceased') being neighbours of the informant (P.W.1) returned home and that the accused allegedly quarrelled with his wife i.e. the deceased in his house on the ground that the latter did not cook rice for him. It is alleged by the prosecution that the deceased borrowed cooked rice from the informant's wife (P.W.2) and took it to the house of the accused and served it to him. Subsequently, while she was talking to P.W.2 near the verandah of his house, the accused, all of a sudden, came there with a lathi in his hand and dealt blows by that lathi on the head of the deceased.

(3.) It is alleged that the deceased died on the spot and on the same day at about 4 p.m. the informant lodged this present F.I.R. at Jaipatna P.S. on the basis of which this case was registered. Police, after due investigation, charge sheeted the accused U/s.302 I.P.C. whereunder he subsequently stood committed to this court for sessions trial. After the charge was framed, the trial was completed by the Learned District and Sessions Judge, Kalahandi-Nuapada and the Appellant was convicted u/s 302 of IPC and sentenced to undergo imprisonment for life. Hence, this appeal. II. SUBMISSIONS OF THE APPELLANT: