SUNDARRAI KURTADI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of the judgment rendered by the learned Adhoc Addl. Sessions Judge, Jeypore convicting the appellant, Sundarrai Kurtadi under Section 302 of the Indian Penal f, 1860, hereinafter referred to as the 'IPC' for brevity, and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for six months as per the judgment dated 29.07.2004 in Criminal Trial No.45 of 2002 (S.C. No. 59/86 of 2001/2000).

(2.) Bereft of unnecessary details the case of the prosecution is that in the night of occurrence, i.e. on 04.11.1999, the deceased after taking his dinner slept on the outer of his house along with his brother. The accused, who is related to the deceased, was present in the house on that day. That night the accused-appellant talked to the daughter of the informant and thereafter he left the place. The brothers of the deceased during midnight shouted that somebody had assaulted the deceased and he had bleeding injuries. Thereafter, they called the villagers and the deceased was shifted to the District Headquarters Hospital, Koraput, where he succumbed to injury on 06.11.1999.

(3.) On such event, the informant lodged an FIR before the Officer In-Charge, Koraput Police Station, Dist. Koraput. The Investigating Officer took up investigation of the case. He examined the witnesses, visited the spot and sent the dead body for examination. After holding inquiry over the same, the I.O. seized the blood stained earth and the weapon offences at the spot. He got statement of witnesses recorded under Section 164 Cr. P.C., 1973 by a magistrate on requisition andof then arrested the accused. The I.O. after completion of investigation submitted charge-sheet under Section 302 of the IPC.