SUNIL NAIK @ NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The instant criminal appeal is against the judgment dated 16.7.2002 passed by the learned Sessions Judge, Phulbani in S.T. No. 13 of 2000 whereby and where under the sole appellant has been convicted for the charge under Section 302/201, IPC and accordingly sentenced to undergo imprisonment for life under Section 302, IPC and to undergo imprisonment for two years under Section 201, IPC with stipulation that both the sentences are to run concurrently.

(2.) We have heard the learned counsel for the parties and appreciated their arguments as also gone through the materials available on record.

(3.) The prosecution case, in brief, is that in between 6 6.1999 to 9.6.1999 at village Dindiragaon, the sole appellant committed murder by intentionally causing death of the deceased Kartika Kanhar. The sole appellant and the deceased Kartika Kanhar went in a vehicle and while going, Kartika Kanhar, deceased took a sum of Rs.5,000/- with him along with other articles and on the way the sole appellant took away the money from him and assaulted him and when he became unconscious, the appellant dragged him and threw him in a pond causing death of the deceased Kartika Kanhar. Subsequently, the dead body of the deceased floated in the pond water. The nearby people saw the dead body and reported the incident to the Officer-in-charge Phiringia Police Station. The Officer-in-charge proceeded to the spot, held inquest over the dead body and apprehended the culprit. The appellant while in police custody gave recovery of the wearing apparels of the deceased from the pond and confessed to have killed the deceased The Officer-in-charge sent the dead body for post mortem examination and after obtaining the post mortem report and examining the witness, submitted charge-sheet against the appellant to face the trial. The Trial Court has framed charge for the offence punishable under Section 302/201, IPC.