CHANDRAMANI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present Jail Criminal Appeal, the appellant has challenged the judgment and order of conviction dated 24.2.2004 passed by the learned Ad hoc Additional Sessions Judge (F.T.C), Nayagarh in S.T. Case No.103/42 of 2002/2001 under Section 302, IPC and consequent sentence to undergo imprisonment for life.

(2.) The case of the prosecution is that the appellant and informant (P.W.1) are two sons of the deceased (Birabar). On 22.6.2000 at about 10 A.M., the informant (P.W.1) came to the house of his father, Birabar (deceased) to take his bullocks where he saw the appellant and the deceased have entered into an altercation and the appellant was abusing his father concerning cultivation of some land. P.W.1 also saw that the appellant entered into the house of his father (deceased) and brought a Tangia (M.O.I) from his house. When the deceased asked him if he would hack him, the appellant suddenly dealt repeated blows by the said Tangia on the head of the deceased for which he sustained severe bleeding injuries, fell down and succumbed to injury. When the appellant saw the informant (P.W.1), he threatened to assault him and ran away with the said Tangia. Thereafter, P.W.1 reported the matter at Khandapara Police Station. The police registered the case and took up investigation. After completion of investigation, the police submitted the charge sheet against the present appellant under Sections 302/506, IPC. The plea of the appellant was complete denial.

(3.) In order to prove the case, the prosecution examined as many as twelve witnesses including the doctor (P.W.6) and the Investigating Officers and exhibited nine documents. On the other hand the defence had examined none. On completion of trial, the learned Ad hoc Additional Sessions Judge, Nayagarh convicted the present appellant under Section 302, IPC and sentenced him to undergo imprisonment for life basing upon the evidence of P.W.1 and P.W.6 (doctor).