PRADEEP KUMAR SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Ganjam -Gajapati, Berhampur in Sessions Case No. 80 of 1998 convicting the appellant for commission of offences under Sections 364, 302 and 201 of the Indian Penal Code (in short '1.P.C.'). The appellant has been sentenced to undergo R.I. for life for commission of offence under Section 302 I.P.C. but no separate sentence has been awarded either for commission of offences under Sections 364 or 201 I.P.C.

(2.) THE family of the deceased and the appellant were staying in the same house occupying different sections. Oh 18.10.1996 morning when the deceased and his cousin Jitendra Patra were playing near their house, the appellant came in a cycle and took the deceased with him for a ride. The parents of the deceased learnt from Jitendra that the appellant had taken the deceased and, accordingly they waited till return of the appellant in the evening. When the appellant returned alone in a cycle, the parents of the deceased asked him whereabouts of the deceased but he denied to have any knowledge. Thereafter, the parents of the deceased called Jitendra and confronted him with the appellant and he again stated that the appellant had taken the deceased in a cycle and that when he requested to go, the appellant refused to take him on the ground that there was inadequate pressure in the wheel of the cycle. It is alleged that the appellant annoyed at such confrontation.

(3.) PROSECUTION examined ten witnesses to prove the charges and one witness was examined on behalf of the defence. The plea of the appellant is complete denial of the prosecution case. According to the appellant, he has been falsely implicated in the case by the parents of the deceased so that the entire property can be enjoyed by them.