GOURA MOHAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The aforesaid appeal is directed against the judgment of conviction and sentence passed by Sri K.B. Swain, Adhoc. Additional Sessions Judge, Balasore passed under section 302 of I.P.C. in Sessions Trial No.20/154 of 2007.

(2.) The conspectus of the case of the prosecution is that on 8.12006 at about 3 p.m. the father of the informant while coming from the house of Manu Singh to his house, the appellant came with a spade and assaulted by the handle of the spade to the head of the father of the informant causing injury on his head. Then the deceased fell down on the ground, but the appellant went on assaulting him. The deceased remained laying on the ground with a pool of blood on his person. When the villagers shouted, the appellant fled away. Then the deceased was removed to the hospital, but on the way the deceased expired. Then F.I.R. was lodged before the police.

(3.) During investigation police examined witnesses, visited the spot and made inquest over the dead body of the deceased. The police sent the dead body for post-mortem examination, seized the wearing apparel of the deceased and the appellant. In course of investigation the accused under custody made disclosed statement and gave recovery of a "Kata" wrapped with cloth from a concealed place. Police seized all these properties and set the same for chemical examination. After completion of investigation charge sheet was submitted.