STATE OF ORISSA Vs. MANGALU MAHAKUD

JUDGEMENT

(1.) This Appeal has been filed by the State against the impugned judgment and order dated 30-7-1987 passed by the Sessions Judge, Mayurbhanj, Baripada in Sessions Trial No. 95 of 1985 convicting the respondent under Section 304, Part I, IPC and sentencing him to five years' R.I. No appeal has been preferred by the respondent-accused against the said order of his conviction. Although, no appeal has been preferred by the respondent (accused), during hearing of the appeal and scanning of the evidence on record we have also considered that aspect carefully.

(2.) Though charge was framed against the respondent for the offence punishable under Section 302. IPC, the learned Sessions Judge by the impugned judgment and order convicted him under Section 304. Part I of the IPC on the ground that the accused suddenly got angry and in that state of mind dealt blows on the person of the deceased with a sharp cutting weapon which Caused ai least three fatal injuries of lengthe varying from 10"-12" on the vital parts and that such action of the accused would lead to the inference that he intended to cause such injuries which were likely to cause death and accordingly he found the accused guilty of offence punishable under Section 304, Part I, IPC.

(3.) We have heard the learned Addl. Government Advocate for the State-appellant and Sri Ranjan Kumar Rana for the respondent.