SANABUDU JHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant calls in question the judgment and order dated 2.6.2004 passed by the learned AddI. Sessions Judge, Rayagada, convicting him under Section 302, I.P.C. and sentencing him to imprisonment for life in Sessions Case No. 13 of 2002 arising out of Tikir P.S. Case No. 41 of 2001.

(2.) The factual backdrop, which resulted in the trial of the appellant (hereinafter called as Accused in the aforementioned Sessions Case, may be stated as follows On 14.10.2001 at about 4.00 P.M. the informant Kailash Jhadia while in his paddy field, got information about murder of his father-in-law Bada Govinda Jhadia (hereinafter referred to as Deceased) and immediately rushed to the village and found the deceased lying dead on the backside of the street of Sana Govinda Jhadia. The informant ascertained from his wife and others and was informed by them that on the same day at about 3.30 P.M. when the deceased was standing on the road near about his cow-shed, at that time the accused taking exception to that, went to his house and brought out a Tangiand gave a blow by the said weapon on the right leg of the deceased. Receiving the blow, the deceased started running and the accused dealt another blow on his back, as a result of which the deceased fell down there at the spot and had instantaneous death. Ascertaining this fact, the informant proceeded to Dangasil Outpost along with his co-villagers and reported the occurrence to the A.S.I, of the Outpost, which was reduced into writing and was treated as F.I.R., and on the basis of that F.I.R. Tikiri P.S. Case No.41 of 2001 was registered and on completion of the investigation, charge-sheet under Section 302, I.P.C. was submitted against the accused Sanabudu Jhadia and the accused faced the trial.

(3.) The accused adopted the exonerative plea of complete denial.