MURALI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present Jail Criminal Appeal, the appellant has challenged the order of conviction dated 19.8.2004 passed by the learned Ad hoc Additional Sessions Judge, Kamakhyanagar in Criminal Trial (Sessions) No. 22 of 2003/Criminal Trial (Sessions) No. 261 of 2003 under Section 302, IPC and consequent sentence to undergo imprisonment for life.

(2.) The prosecution case in brief is that the deceased (Gomati Pradhan) is the sister of the present appellant and mother of the informant (P.W. 7). On 27.3.2003 at night, the mother of the informant slept after taking her meal. The appellant quarrelled with the mother of the deceased. The mother of the informant came there and protested the appellant. The appellant was asking for money from the mother of the deceased (Gomati Pradhan) to purchase battery for his tape recorder. When the mother of the informant protested the appellant as to why he was asking for money to her mother, the appellant got annoyed and brought a grinding stone (Silapua) which was kept in the house and gave a blow by throwing the grinding stone on the head of the deceased (Gomati Pradhan). The deceased fell down being unconscious, When the informant (P.W. 7) called the deceased, she did not respond. The villagers came and told that Gomati Pradhan was dead. They took the dead body and kept the same inside the house. The informant (P.W. 7) informed the matter to the Grama Rakhi and reported the matter at Mahabir Road Out-Post. The police registered the case and investigated the matter. After completion of investigation, the police submitted the charge sheet against the present appellant under Section 302, IPC. The defence plea is one of complete denial.

(3.) The prosecution in order to prove charges examined as many as 12 witnesses including the informant (P.W. 7) and the mother of the deceased (P.W. 10). The defence examined none. On completion of trial, the learned Ad hoc Additional Sessions Judge, Kamakhyanagar convicted the present appellant under Section 302, IPC basing upon extra judicial confession made by the appellant before P.W. 3 and the evidence of P.W. 6.