TAMIGA TADINGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant faced trial in the Court of learned Addl. Sessions Judge, Rayagada in Sessions Case No. 8 of 2002 for offences punishable under Ss. 302/307, 506, Indian Penal Code. The learned trial Court vide impugned judgment and order dated 24-5-2004 held the appellant not guilty under S. 506, I.P.C. but found him guilty under Ss. 302/307, I.P.C. and hence convicted him of those offences. The appellant was sentenced to undergo imprisonment for life under S. 302, I.P.C. and R.I. for 7 years for committing the offence under S. 307, I.P.C. and both the sentences were directed to run concurrently.

(2.) On 20-10-2001 at 6.30 a.m., the Inspector-in-charge of Rayagada Police Station received a phone call message regarding murder in village Tumbiguda and made a station diary entry vide S.D. Entry No. 452 dated 20-10-2001 and directed P.W. 8 Krupasindhu Swain, S.I. of Police, Rayagada Police Station to proceed to the spot. P.W. 8 arrived at the spot at 8.00 a.m. where P.W. 2 Loknath Mandangi orally reported before him about the incident which was reduced into writing and treated as FIR.

(3.) The defence plea is one of denial.