M. SIVA PRASAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) The aforesaid appeal is directed against the judgment if conviction and sentence passed by the learned Additional Sessions Judge, Sambalpur passed under section 302 of I.P.C. in S.T. No. 94/27 of 2009. Facts:

(2.) The adumbrated facts leading to the prosecution case is that on 16.2.2009 the deceased being mother of appellant was living in the house of the accused-appellant. It is alleged, inter alia, that due to domestic quarrel between the deceased and the appellant, the latter dealt an axe blow on the person of the deceased and the deceased succumbed to the injuries. One Puspa Yadav after witnessing the occurrence gave information to the villagers, who gathered at the spot, the appellant was found to be sitting by the side of the deceased with the weapon of offence, i.e., axe stained with blood. Thereafter F.I.R. was lodged. During investigation witnesses were examined and police seized the blood stained axe from the spot. After the inquest was over the dead body of the deceased, postmortem examination was conducted by the doctor on police requisition. After necessary investigation, charge sheet was submitted.

(3.) The plea of the appellant as revealed from the statement recorded under section 313 of Cr.P.C., 1973 and the suggestion given during cross-examination to the prosecution witnesses, is squarely denial to the occurrence and he plead innocence.