SATRUGHNA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, sole accused of 16 persons, who faced trial for the offence under section 302 of the Indian Penal Code (TI.P.C.T for short) assails his order of conviction and sentence of life imprisonment, others having been acquitted. The informant (P.W. 1) being aggrieved by the order of the learned Additional Sessions Judge has preferred the revision before this Court praying for setting aside the order of acquittal. This common judgment disposes both the cases.

(2.) Prosecution case is, in the faction ridden village Khandagiri, the prosecution party and the accused party had randour between two groups for various reasons. It was alleged that on 6.10.1989 around 4.30 p.m., deceased Laxmidhar Pradhan was proceeding to Pipli market on the village road. This appellant and his associates (since acquitted) were waiting near the Mahila Samiti being armed with diversed weapons. When the deceased reached near the canal bridge, on the instigation of accused Bairagi, all the accused persons attacked him. This appellant, it was alleged that, gave Farsa blows on the deceased who died on the way to the S.C.B. Medical College and Hospital, Cuttack. The appellant denied the indictment.

(3.) The learned Trial Judge based his decision in convicting the appellant solely on the evidence of P.W. 4, the eye witness.