HARIHAR PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Harihar Patnaik faced trial in the Court of learned Sessions Judge, Puri in S.T. Case No. 400 of 2006 for offence punishable under Sec. 302 of the Indian Penal Code for committing murder of Ganesh @ Gani @ Subash Chandra Mohanty (hereafter 'the deceased') on 02.05.2006 at about 4 p.m. at Baseli Sahi under Town Police Station, Puri in the district of Puri.

(2.) The prosecution case as per the First Information Report lodged by Subashini Mohanty (P.W.1) on 02.05.2006 before the Inspector -in -Charge, Town Police Station, Puri is that on that day at about 4 p.m. while the deceased after coming out of the house was going on the road, in front of Bishnu Bhawan, the appellant was sitting there and he started abusing the deceased and also called him. When the deceased asked the appellant about the reason for calling him, the appellant dealt a severe blow on the head of the deceased by means of an iron rod, as a result of which the deceased sustained bleeding injury on his head and he was shifted to the District Headquarters Hospital, Puri for treatment and his condition became alarming. At the time of occurrence, Damodar Behera, Krushna Chandra Barik and Lokanath Roul were present there.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court framed charge against the appellant under Sec. 302 of the Indian Penal Code on 15.11.2006 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.