TRINATH SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed by the appellant from jail challenging the judgment dated 23.07.2004 passed by the learned Additional Sessions Judge, Bhanjanagar in S.C.No.46 of 2002/S.C.No.236 of 2006 GDC convicting the appellant under Section 302 of the I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for three months.

(2.) The prosecution case, in a nutshell, as described in the F.I.R. lodged by the wife of the deceased is that the deceased did not have any issue of his own and he had adopted Pramod Kumar Sethi, grandson of one of his brothers, who was working as a clerk at Burla. The accused is the nephew of the deceased being son of his (deceased's) another brother and he had become envious as Pramod was adopted by the deceased and he could not inherit the property of the deceased. On 08.05.2001 at about 3.00 A.M., accused came to the house of the deceased, woke him up and demanded Rs.5,000/- and some gold ornaments and threatened that unless the same are given, he would kill him. Thereafter, in the morning at about 6.00 A.M., the accused again came and asked the informant the whereabouts of the deceased and when the informant said that she has no knowledge, the accused proceeded towards Sahanapalli Road with a tangia. Thereafter, the deceased slipped through his backdoor and went towards Kulado in order to call his grandson, Hadia Sethi. Then the accused chased the deceased and assaulted him near Benamundia Hill near Sahanapalli. On receipt of blows the deceased fell down and then the informant and some other villagers went to the spot. She found the deceased lying dead with cut injuries on his face, neck and on the right ear. It is also stated that after killing the deceased, accused escaped towards Kulado. On the narration of the informant the F.I.R. was reduced to writing by one Rajendra Kumar Sethi, on the basis of which, the police registered the case and took up investigation and on completion of same, submitted charge-sheet against the appellant.

(3.) The plea of defence is one of complete denial of occurrence and false implication.