ROHITA AMANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant faced trial in the Court of learned Addl. Sessions Judge, Angul in Criminal Trial (Sessions) No. 95/2004/24/2004 for offence punishable under section 302 Indian Penal Code for committing murder of Pramod Amanta (hereafter 'the deceased') on 29.09.2003 at about 9.00 a.m. at village Khambeswarpali.

(2.) THE prosecution case, as per the FIR lodged by one Nila Amanta (P.W.1) is that on 29.09.2003 (Monday) at about 9.00 a.m. while the informant was sitting on the verandah of her house with his grandson, at that time the deceased who was the son of the informant had altercation with the appellant relating to pumpkin. The deceased came in front of the house of the appellant and opposed him for which the appellant shot an arrow at the deceased which hit on the left side chest of the deceased. The deceased pulled out that arrow and tried to escape towards the house of one Bishnu Pradhan in order to save his life but the appellant followed him holding a Tangia and assaulted the deceased on his neck for which he fell down on the village road but thereafter also the appellant continued to assault the deceased with Tangia and dealt a number of blows on the neck as a result of which the deceased succumbed to the injuries. The appellant left the spot holding the Tangia. It is mentioned in the FIR that co -villagers Parbati Pradhan (P.W.2) and Banita Nayak (P.W.3) had seen the occurrence and when the informant shouted, co -villagers gathered at the spot and they had also seen the appellant leaving the spot with bloodstained Tangia.

(3.) AFTER submission of charge -sheet in the concerned committal court of the Magistrate, the case was committed to the Court of Sessions after observing due committal procedure and the case was made over to the learned Addl. Sessions Judge, Angul for disposal in accordance with law where the learned trial Judge charged the appellant under section 302 IPC and since the appellant refuted that charge and pleaded not guilty and claimed to be tried, the Sessions trial procedure was resorted to prosecute him and establish his guilt.