KULA @ KULAMANI @ KULABANDHU SUNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) CONVICTION under Section 302 I.P.C. recorded by the learned Sessions Judge, Bolangir in Sessions Case No.3 of 1996 is under challenge by the appellant from the jail.

(2.) ACCORDING to the case of the prosecution, appellant had granted a loan under a promissory note to the deceased. The deceased repaid the amount but the appellant did not return the loan document. On the date of occurrence i.e., on 18.9.1995 at about 7.00 P.M. when the deceased went to the house of appellant, demanded return of the document, there was an altercation between the appellant and the deceased. The wife of the appellant joined with her husband in the altercation. The deceased retaliated, abused and gave a push to her as a result of which she fell down. Being enraged, appellant went inside his house, brought out the bar of a cot, (charpoy) dealt blows on the waist and thigh of the deceased and when the deceased fell down tied his hands, legs and neck placing the bar under the tied portion of the body, dragged and put him inside his house. While doing so he cautioned the co -villagers -eye witnesses P.W.3, 4 and 5 not to interfere or to administer water to the deceased who was then asking for water. On the following day morning accused opened the door of the room where the deceased had been confined, untied him and found that the deceased had died. The matter was reported to the police through co -villagers ward member and later on a written report was lodged by P.W.5.That was regarded as F.I.R. Ext.5.

(3.) APPELLANT denied to the charge and pleaded innocence but did not adduce any defence evidence.