ADHISWAR KANHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The convict challenges the order of conviction and sentence dated 16.7.2004 passed under section 302 I.P.C. by the learned Sessions Judge, phulbani in S.T. No. 58 of 2001.

(2.) The conspectus of the case of the prosecution is that the appellant is the son of the deceased. It is alleged inter alia that on 20.1.2001 when the deceased Bhubaneswar Kanhar was returning from forest after collecting fire wood, the appellant assaulted by axe on the backside of the head of the deceased causing bleeding injury thereon. After the deceased fell down, the deceased was also assaulted by means of a stone on the chest. Seeing the assault, the daughter of the deceased informed the villagers. After reaching the spot the villagers found that the deceased was dead. Thereafter F.I.R. was lodged. During investigation inquest over the dead body was made, autopsy was conducted, witnesses were examined and necessary incriminating materials were seized. It is also stated that the police seized the weapon of offence. After being arrested the convict led the police to recover the stone which is one of the weapons of offence. Necessary seized materials were sent for chemical examination. After completion of investigation charge sheet was submitted.

(3.) The plea of defence as revealed from his examination under section 313 Cr.P.C. and the suggestions given during cross-examination is that he has been falsely implicated in this case due to previous land dispute with the deceased.