CHARAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is against the judgment dated 07.04.2004 passed by the learned Ad hoc Additional Sessions Judge (F.T.), Keonjhar in S.T. Case No.105/27 of 2002/03 convicting the appellant for the offence punishable under Section 302, I.P.C. and sentencing him to undergo life imprisonment.

(2.) The F.I.R. story is that on 7.12.2001 at about 6.00 A.M. while the informant with his wife Samari Behera were sitting near a fire lit in their front courtyard the deceased came their to join with them to enjoy the warmth of the fire in the wintery morning. The accused-appellant all of a sudden came there and gave two blows to the deceased with a stick. As a result, deceased died on the spot.

(3.) Same day F.I.R. was lodged at about 10.50 A.M. The police took up investigation. In course of investigation the police conducted inquest over the dead body, sent the dead body for post mortem, examined witnesses, made seizure of some articles from the spot including the weapon of offence, arrested the appellant, sent him for medical examination as he was found to have sustained some injuries and on completion of investigation submitted charge-sheet on 09.04.2002 before the learned S.D.J.M., Keonjhar who committed the appellant to the court of Sessions on 07.05.2002. After commitment, the case was registered in the court of Sessions and thereafter it was transferred to the court of the Ad hoc Additional Sessions Judge (F.T.), Keonjhar for trial. The learned Sessions Judge, on the inability of the appellant to engage a lawyer, appointed a State Defence Counsel to defend the appellant. Charge-sheet was framed under Section 302 of I.P.C. The appellant denied the charge and claimed to be tried. Prosecution examined 14 witnesses. Appellant's statement was recorded under Section 313 of the Cr.P.C. He did not adduce any evidence in his defence.