RIKHI SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 22/12/1993 passed by the leaned Additional Sessions Judge, Rourkela in ST Case No.49/15 of 1993 convicting the appellant for offence punishable U/S. 304 Part-I of IPC and sentencing him to undergo Rigorous Imprisonment (RI) for seven years.

(2.) The appellant in fact stood trial for offence Under Sec. 302 of IPC for having committed murder of one Gulla @ Suresh Kumar Yadav(hereinafter referred to as the 'deceased'). The allegation against him in brief is that on 7/8/1992 at about 4 PM in the evening, there was a quarrel between the convict and the deceased at Malgodown, Rourkela and in such quarrel, the convict attacked the deceased by means of deadly weapons like lathi and bhujali and committed the murder of the deceased.

(3.) On receipt of the charge-sheet, cognizance was taken for offence Under Sec. 302 of IPC and the case record was committed to the Court of learned Sessions Judge, Sundargarh after observing necessary formalities by the learned SDJM, Panposh, Rourkela, but the learned Addl. Sessions Judge, Rourkela on receipt of record on transfer proceeded to try the same. This is how the convict was sent up for trial resulting in trial in the present case when the convict pleaded not guilty to the charge for offence Under Sec. 302 of IPC.