ARJUN KISAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 17.07.2004 passed by the learned Sessions Judge, Dhenkanal in Sessions Trial No.101 of 2001 in convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1000/- (one thousand) only, in default, to undergo R.I. for further three months.

(2.) The prosecution case, in brief is that the appellant, the deceased along with others were working as labourers in a brick kiln of one Keshaba Chandra Panda. The brick kiln was situated at Kalapal under Parjang Police Station in the district of Dhenkanal. All the · labourers used 'to stay in the huts near the kiln. 9th January 2001 was the occasion of Pausa Purnima. The Manager of the brick kiln distributed Rs. 25/- to each of the labourers to celebrate the occasion of Pausa Purnima on 9th January 2001. The Manager gave Rs. 50/- to the deceased asking him to keep his share of Rs. 25/- and give balance of Rs. 25/- to the appellant, as both the appellant and deceased were remaining in one hut. Since the deceased did not pay the amount of Rs. 25/- immediately to the appellant, the appellant dealt successive blows on the head and ear of the deceased by the handle of a spade, for which the deceased sustained injuries and consequently died. Thereafter on the basis of the FIR lodged by the Manager of the brick kiln, the case was registered. After completion of investigation, charge-sheet was submitted against the appellant finding sufficient evidence against him to have committed offence under Section 302, I.P.C.

(3.) In order to bring home the charge, during trial, the prosecution examined as many as 11 witnesses and exhibited 17 documents. On the other hand, neither the defence has examined any witness nor exhibited any documents. The appellant's defence plea was one of complete denial.