KANGALI @ CHATURBHUJA MAHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The captive appeal is assailed against the judgment of conviction and sentence dated 03.04.2012 passed by the learned Ad hoc Additional District and Sessions Judge, Fast Track Court, Keonjhar, under which the appellant has been convicted and sentenced to undergo R.I. for seven years and to pay a fine of Rs. 5,000/- in default to undergo R.I. for six months. FACTS:

(2.) The factual matrix leading to the case of the prosecution is that on 03.06.2011 at about 11 AM, there was some altercation between the appellant and his father who is the deceased in this case. Suddenly, the appellant assaulted on the head of the deceased by lathi causing bleeding injuries thereon. Thereafter, the deceased was removed to the hospital but in the hospital he succumbed to the injures. The F.I.R. was lodged by the Sarapanch of the Mahadeijoda Gram Panchayat. Police took up investigation and during investigation, the police examined the witnesses, visited the spot and sent the dead body of the deceased to conduct the post mortem report examination. During investigation, the police also seized the wearing apparel of the deceased and also seized the weapon of offence. The police made query from the doctor as to whether the injuries are possible by the weapon of offence and also seized the blood stained cloth from the wife of the appellant. The Police sent all the seized properties to the S.F.S.L., Rasulgarh for the opinion. After completion of investigation, charge sheet was submitted under Section 302 of IPC. The plea of the appellant was denial to the charge.

(3.) The learned trial court examined eleven witnesses and also received good numbers of documents adduced by the prosecution. After going through the evidence, the learned trial court convicted the appellant under Section 304 Part-II of IPC instead of offence under Section 302 of IPC. After hearing on question of sentence, learned trial court sentenced the appellant to undergo R.I. for seven years and to pay a fine of Rs. 5,000/- in default to undergo R.I. for six months with further order to set off the period already undergone. SUBMISSIONS