KARMA LAKRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 28.5.2008 passed by the learned Adhoc Additional Sessions Judge, Fast Track Court, Rourkela in Sessions Trial Case No.8/2 of 2008 in convicting the appellant under Sec. 302 of the Indian Penal Code. The appellant has also challenged the consequential sentences of imprisonment for life and of direction for payment of fine of Rs. 10,000.00, in case of default in making payment, to undergo R.I. for six months more.

(2.) The case of the prosecution as revealed from the F.I.R. (Ext.3/1) is as follows:

(3.) The prosecution in order to bring home the charge examined as many as eight witnesses and exhibited fourteen documents. P.W.1 is a post occurrence witness. P.W.2 is a witness to the seizure. P.W.3 is the informant. P.W.4 is the doctor, who conducted the post mortem examination. P.W.5 happens to be the wife of the deceased and mother-in-law of the informant (P.W.3). P.W.6 is the scribe of the F.I.R. P.W.7 claims to be a witness to the disclosure statement under Ext.7/1 and witness to the seizure under Ext.1/2. P.W.8 is the Investigating Officer. None has been examined from the side of the appellant and nor any document has been exhibited on his behalf. While from the side of the prosecution, five material objects were marked, no material objects have been marked on behalf of the appellant.