LANKA BALOMUCCHU @ MOTU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The captioned Appeal is filed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Bonai in Sessions Trial No. 135/90/185 of 2011-13 for the offence under Section 304 Part-II and Section 323 of I.P.C.

(2.) The factual matrix leading to the case of the prosecution is that on 23.3.2012 at about 7 p.m. while the deceased and her husband were staying in a house, the appellant came and assaulted to deceased Bela Munda on her head with lathi and when her husband tried to intervene, the appellant also assaulted him by lathi on the right hand shoulder causing injury on his person. Thereafter Bela Munda was removed to hospital, where she succumbed to the injuries. Accordingly F.I.R. was lodged, inquest was made on the dead body and post-mortem examination was made on police requisition. The police seized the lathi, the weapon of offence on being produced by the appellant. Blood stained wearing apparel of the deceased, sample earth and blood stain earth were seized from the spot. After due investigation charge sheet was submitted.

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