HIMANSU SEKHAR SWAIN Vs. STATE

JUDGEMENT

(1.) OUT of nine persons, who faced trial for allegedly having committed offences punishable under Sections 148/302/149 and 337/ 149 of the Indian Penal Code, 1860 (in short, IPC) eight were acquitted while the present Appellant Himansu Sekhar Swain (hereinafter referred to as the 'accused by name'), was found guilty of offence punishable under Section 302, IPC and sentenced to imprisonment for life by learned Additional Sessions Judge, Jajpur. Undisputedly one Lambodar Routrai (hereinafter referred to as the 'deceased') lost his life on 19.4.1990. and the accused -Appellant alongwith -acquitted eight persons were alleged to be responsible for his death.

(2.) IN a nut -shell, the prosecution,' version is as follows:

(3.) IT was indicated by prosecution that the deceased had some differences with some of the accused persons on account of cutting some trees. Further, in the year 1989, at the time of car festival accused Krushna Swain, father of Himansu Swain, assaulted the brother of P.W.1. Because of hostility, the accused persons bore grudge and therefore, killing was done. The learned trial Judge after analysing the evidence of witnesses came to hold that the prosecution failed to establish its case against eight of the accused persons. It was observed that the evidence was clear, cogent and clinching so far as accused -Appellant is concerned. Accordingly, he convicted and sentenced the accused as indicated above.