KHETRAMOHAN BHOI Vs. STATE

JUDGEMENT

(1.) APPELLANT Khetramohan Bhoi has been convicted under Section 302, Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for life by the Additional Sessions Judge, Puri, in Sessions Trial No. 9/78 of 1978. He has been acquitted of the charges under Sections 201 and 379, Indian Penal Code. His co -accused Kuma alias Kumar Parida has been acquitted of all the charges.

(2.) THE prosecution case in brief is that Khetramohan is a mason by profession. Deceased. Gopal Sahu, had constructed a house in his village Salanga under Nimapara Police Station, but had not been able to put the roof on it. After arranging some funds, he contacted accused Khetramohan to arrange some chips and iron rods so that casting of the roof could be done. It was suggested by Khetramohan that both of them should go and purchase the materials. On 6 -3 -1978 Gopal and Khetramohan went to Nimapara with necessary funds. Khetramohan had earlier arranged that one Narayan Misra (though arrayed as an accused but was shown as an absconder) and accused Kumar (who has since been acquitted) should also go with them. Deceased and accused Khetramohan went to Kakatpur from Nimapara by bus and were followed by Kumar and Narayan in the next bus. At Kakatpur, Narayan purchased a bottle of squash, a glass, some sweets and a bottle of mesiad and all four of them proceeded to Konark by the cart -track. Before reaching Konark in the casuarina and cashew nut forest called Majhimoda jungle near village Haulpatna, the occurrence took place. It is the definite prosecution case that metacid mixed with squash was given to deceased and after drinking the same he fell down and thereafter he was killed. The cash which the deceased was carrying was removed.

(3.) P .W. 16, the Assistant Surgeon of Puri Headquarters Hospital who held the post -mortem examination over the dead body could not opine the cause of death since the body had been highly decomposed.