SAMA KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of the judgment dated 15.5.2007 recording conviction of the appellant-Sama Kirsani under Section 302 IPC and consequent sentence of imprisonment for life without separate sentence imposing payment of fine. In the above noted appeal, the appellant challenges both the aforesaid judgment of conviction and order of sentence.

(2.) The case of the prosecution is that on 24.8.2003 while the deceased-Sukra Kirsani was returning from "Hata" during evening hours along with his son-Mangulu Kirsani (informant), the deceased left his company saying that he would go to Kichopada village for a drink and thereafter would return. When the deceased did not return, the informant along with his mother-Sukri Kirsani and another went to Kichopada village. There, they saw the deadbody of Sukra Kirsani infront of the house of the appellant. There was blood all over the deadbody with the sign of knife stab on his right chest. Though the informant asked the appellant about the incident, but he replied that he did not know anything. In such background, the informant reported the matter to the police. After filing charge sheet, the appellant stood trial for committing offence under Section 302 IPC.

(3.) The case of the defence was one of complete denial.