DURJODHAN RAY Vs. STATE

JUDGEMENT

(1.) In this appeal from jail, Durjodhan Ray (hereinafter referred to as the accusedT) calls in question legality of his conviction for commission of offence punishable under Section 302, India Penal Code, 1860 (in short, I.P.C.T), and sentence of imprisonment for life, as awarded by the learned Additional Sessions Judge, Sambalpur. Accused stood charged for allegedly having committed homicidal death of Purusottam Ray (hereinafter referred to as the deceasedT)

(2.) In a nut shell, prosecution case is as follows: On 8-6-1990 information was lodged at Laikera Police Station to the effect that the accused caused homicidal death of deceased by pelting stones at him. Due to pelting of stones bleeding injuries were caused, which led to death of the deceased ultimately. Information was lodged by Rukman Baboo (P.W.6) who claimed to be an eyewitness to the occurrence along with several others. The time of incident was indicated to be around 10a.m. in the morning. On the basis of F.I.R. lodged investigation was undertaken. On completion of investigation, Charge - sheet was placed.

(3.) The accused pleaded innocence and false implication by the prosecution.