STATE Vs. KUMAR PENTHEI

JUDGEMENT

(1.) THIS Government Appeal has been filed against the Judgment and Order Dated 19th September, 1984 passed by the Learned Sessions Judge, Keonjhar in Sessions Trial Case No. 13 of 1984 acquitting the Respondents of the offence punishable under Section 302 I.P.C. It may be mentioned here that during the pendency of the appeal, the appeal as against Respondent No. 6, Gautam Singh @ Naik was dismissed vide Order Dated 17.12.1990.

(2.) THE case of the prosecution in brief is that one Banshidhar Sahu, son of Haguru Sahu of village Godhuli under Telkoi police station in the district of Keonjhar appeared in Telkoi police station at 8.30 a.m. on 8.10.1983 along with one Rama Chandra Swain and Dheneswar Sahu of his village and lodged verbal report in the P.S. stating that Panu Sahu, the elder brother of the father of the informant is a rich man and maintains his livelihood by cultivation. He has a rice mill at Bhimkand and his only son Iswar Sahoo looked after the management of the rice mill. In the previous night after returning from the rice mill Iswar after taking his meal retired to bed and slept on a cot on the varendah of his bed room. His wife and children slept inside the bed room and his father and mother slept on two cots on the southern side varendah.

(3.) PLEA of the Respondents was one of denial.