PAILA SANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Paila Santa was charged under Sec. 302 of Indian Penal Code by the learned Addl. Sessions Judge, Nabarangpur in Sessions Case No. 17 of 2001 for committing murder of his father -in -law Gadara Santa (hereafter 'the deceased') on 19.07.2001 at about 6.00 p.m. at village Amadapadar in the district of Nabarangpur.

(2.) The prosecution case, as per the First information report (Ext. 2) presented by Manika Santa (P.W.13), wife of the deceased on 20.07.2001 at Maidalpur outpost under Papadahandi Police Station, in the district of Nabarangpur is that at the date and time of the incident the deceased father -in -law asked the appellant as to why he was not engaging himself in some work and wasting time in sleeping at home after consuming liquor. After telling so, the deceased went to the cow shed to take care of the cattle and after finishing his work there, while the deceased was returning back, the appellant dealt two blows to the deceased with a stick which landed on the head and shoulder area for which the deceased fell down on the ground. The grandson of the deceased namely Hadi Santa (P.W.2) brought the deceased inside the house but found him dead.

(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 charged the appellant under Sec. 302 of Indian Penal Code on 23.08.2002 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.