KODANDA @ RAMAYA REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Judgment & order of conviction dated 17th January, 1997 passed by Learned Sessions Judge, Khurda -Bhubaneswar convicting the Appellant under Sec. 302 I.P.C. & sentencing him to undergo R.I. for life in S.T. Case No, 1 19/218 of 1996 is assailed in this Criminal Appeal.

(2.) On the basis of an F.I.R. lodged by B. Adi Narayan in the Capital Police Station, the O.I.C. registered P.S. Case No. 69/1996. It was alleged in the F.I.R. that the Appellant had intentionally committed murder of Simadri. He was charged under Sec. 302 of I.P.C. According to prosecution, the Appellant & Simadri were rickshaw -pullers by profession. On 22.1.1996 a quarrel ensued between them, consequently Simadri picked up a rickshaw axel from a neighboring cycle repairing shop of Tirupati (P.W.7) & tried to assault the accused -Appellant. At that Juncture Tirupati and Ors. intervened & P.W. 7 snatched away the axel from the hand of the accused & prevailed upon both of them to go away. After some time Simadri came to the shop of the informant & requested to give him change of rupees fifty. All of a sudden the accused came there picked up the axel from the shop of Tirupati & assaulted on the head of Simadri from behind. Due to the said assault Simadri sustained grievous injuries on his head & fell down at the spot. After assaulting, the accused ran away with the axel. The injured Simadri was immediately shifted to hospital where he was declared dead.

(3.) On the basis of the F.I.R. (Ext.4) lodged by B. Adi Narayan (P.W.4), the betel shop -keeper in front of shop the incident took place, investigation whose commenced. In course of investigation, accused was arrested & while in police custody he gave recovery of the weapon of offence (M.O.I). As usual, inquest was made, the dead body was sent for post mortem & after completion of the investigation, charge sheet was submitted before Learned S.D.J.M., Bhubaneswar in G.R. Case No. 260/1996. Learned S.D.J.M., after being satisfied that prima facie materials were available, took cognizance of the offence & committed the case to the Court of Session for trial.