KABI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has filed this appeal challenging the judgment and order of conviction and sentence dated 08.04.2004 passed by the learned Additional Sessions Judge, Fast Track Court, Chhatrapur convicting him under Section 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 100/ -, in default, to undergo imprisonment for six months in Sessions Case No. 27/2003/S.C. No. 330/2003(GDC) for having committed murder intentionally and knowingly caused death of the deceased. The prosecution case, in nutshell, is that two years old boy of the appellant -accused was suffering from fever and he was admitted to the hospital (P.H.C., Kodala) for treatment. He died on 03.03.2003. The appellant -accused was under the impression that the deceased Uddhab Nahak had applied black magic against his son and had killed him. Therefore, the appellant -accused assaulted the deceased by means of a kati and the deceased succumbed to the injuries on 03.03.2003. The incident occurred on 03.03.2003 at about 7 P.M. and the F.I.R. was lodged at Kodala police station on 04.03.2003 and the police registered the case under Section 302 I.P.C., arrested the appellant -accused and after due investigation filed charge -sheet against him.

(2.) THE plea of the appellant -accused is one of complete denial.

(3.) THE prosecution has relied upon the evidence of P.Ws. 4 and 5, who are eye witnesses to the occurrence.