DIJABAR MOHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Dijabar Moharana faced trial in the Court of learned 1st Additional Sessions, Judge, Puri in S.T. Case No. 18/2013 of 2003 for offence punishable under section 302 of the Indian Penal Code on the accusation of committing patricide by killing his father Dinabandhu Moharana (hereinafter 'the deceased') on 04.11.2002 at about 7.45 p.m. in the village Bharagola under the jurisdiction of Gop police station in the district of Puri.

(2.) The prosecution case, as per the first information report (Ext.1) lodged by one Rajeswar Moharana (P.W.1), the elder brother of the appellant is that on 04.11.2002 at about 8.00 p.m. while he was at Bhubaneswar, he received a telephonic message from the village that the appellant had assaulted the deceased by means of a bamboo lathi on his head and killed him. The informant immediately rushed to his house and found his father lying dead on sustaining head injury. He ascertained from his family members and other co-villagers that on that day in the evening hours at about 7.45 p.m. due to family quarrel, the appellant assaulted the deceased to death by bamboo lathi.

(3.) P.W.11 Nityananda Jena, who was the officer in charge of Gop police station on receipt of the telephonic message about the murder, made a Station Diary entry and proceeded to the spot. At the spot, P.W.1 presented the written first information report before him, on the basis of which Gop P.S. Case No.177 of 2002 was registered on 04.11.2002 under section 302 of the Indian Penal Code.