JAYAKRUSHNA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Jayakrushna Parida faced trial in the Court of learned Additional Sessions Judge, Nayagarh in S.T. Case No.3/638 of 2004/2003 for offence punishable under section 302 of the Indian Penal Code for committing murder of Chhatia Mohapatra (hereafter "the deceased") on 15.06.2003 at about 4.30 p.m. in the backyard of the house of the deceased situated in village Khuntubandha under Nayagarh Police Station in the district of Nayagarh.

(2.) The prosecution case as per the First Information Report lodged by Santosh Kumar Mohapatra (P.W.10), the son of the deceased on 15.06.2003 before Inspector-in-charge, Nayagarh Police Station is that in the year 2000, he was working at Surat and at that time, the appellant was also working there and the appellant had taken a hand loan of Rs.4,000/- from him and he was not refunding the same for about three years. On 15.06.2003 at about 4.30 p.m. while the deceased was going to the backyard of the house carrying manure, the appellant was present in the backside of his house and seeing the appellant, the deceased asked him as to why he was not refunding the money since last three years. At this, the appellant got enraged and picked up one ISHA (the wooden portion connected to plough) which was lying on the ground and dealt a blow on the head of the deceased as a result of which the deceased succumbed to the injuries.

(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 section 302 of the Indian Penal Code on 7.8.2004 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.