JADA @ JAGABANDHU MALIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Jada @ Jagabandhu Malik faced trial in the Court of learned Addl. Sessions Judge, Bhadrak in Sessions Trial No. 46/85 of 2012-13 for offence punishable under section 302 of the Indian Penal Code for committing murder of one Ranjit Tarei (hereafter 'the deceased') on 15.02.2012 at 1.30 p.m. by means of a knife at village Chudamani under Basudevpur police station in the district of Bhadrak.

(2.) It is the prosecution case that on 15.02.2012 at about 1.30 p.m. the appellant along with his wife and daughter were taking away earth from the road. The deceased opposed to the same for which the accused along with his family members abused the deceased and there was quarrel between them.

(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 11.10.2012 and since the appellant refuted that charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.