LAMBODAR @ MAHENDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 17.5.2003 passed by the learned Sessions Judge, Dhenkanal-Angul, Dhenkanal in S.T. No. 28-D of 1996/S.T. No. 49-D of 1998 in convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and rigorous imprisonment for one year under Section 323 of the I.P.C. The sentences are to run concurrently subject to set off. Initially father and son faced the trial, however court below acquitted his son from the charges.

(2.) The learned counsel for the appellant submits that the court below has not considered the prosecution case regarding sudden quarrel between the son of appellant and the deceased while preparing to put temporary sheds for Kartika Purnima in the village wherein the appellant intervened and occurrence took place. Since the appellant has no motive to kill the deceased the court below should have considered the said fact along with the materials available on record. Thus, the judgment and sentence passed by the court below need be interfered with.

(3.) The learned Addl. Government Advocate however supported the prosecution case and submits that P.W.1 and P.W.4 are the two independent witnesses. They supported the prosecution case. P.W.3 is the informant. Even if he is the father of the deceased, he has corroborated the fact narrated in the F.I.R. The trial court considering the same passed a reasoned judgment and sentence which need not be interfered with as there was no serious discrepancy in the evidence of witnesses on material facts.