BATRI SANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) By the Bench The appellant Batri Santa faced trial in the Court of learned Addl. Sessions Judge, Nabarangpur Camp at Umerkote in Criminal Trial No. 29 of 2003 for offence punishable under section 302 of the Indian Penal Code on the accusation that on 3rd day of February 2003 at about 10.00 p.m. in village Kakatabhima under the Raighar Police Station, he intentionally committed murder of one Guru Santa (hereafter 'the deceased'). The learned trial Court found the appellant guilty under section 302 of the Indian Penal Code and accordingly convicted him and sentenced him to undergo rigorous imprisonment for life.

(2.) The prosecution case, as per the first information report dated 04.02.2003 lodged by Buga Santa (P.W.1) before the officer in charge, Raighar police station is that on 03.02.2003 about 8.00 p.m. he along with his wife Tulasi Santa (P.W.2) went to sleep after taking their meal. At about 10.00 p.m., the informant heard "Marigali Marigali" sound of his brother (deceased) from outside and then he opened the door of the house and focused the torch light and found that the appellant was holding a tangia in his hand and was chasing the deceased to assault. When the deceased came nearer to the house of the informant and looked back, at that point of time the appellant dealt tangia blow on the face of the deceased as a result of which the deceased sustained bleeding injury and fell down on the ground. The appellant fled away from the spot and the informant tried to lift the deceased from the ground but found him dead. The informant went and informed the member of the village namely Lachman Santa (P.W.4) and others and they came to the spot and found the deceased lying dead.

(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 25.08.2004 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.