NANDAN NAHAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant faced trial for commission of offence punishable under Section 302 of I.P.C. in S.T. Case No. 22/ 1999/S.C.No. 348/1999 GDC. By judgment and order dated 13.3.2001 he was convicted and was sentenced to undergo R.I. for life. Being aggrieved the Appellant has approached this Court by filing this appeal under Section 374 of the Code of Criminal Procedure

(2.) BEREFT of unnecessary details, the prosecution case in short is that on 07.2.1999 Bhagabat Nahak (P.W.7) lodged a written F.I.R. (Ext.5) at Polasara P.S. inter alia alleging that on 6.2.1999 at about 9.00 P.M. the elder brother of the informant, Jaya Nahak, picked up a quarrel with his wife Chandrakala (P.W.6) and the reason for such quarrel was preparation of fish curry. In course of altercation between husband and wife accused Nandan Nahak suddenly came and assaulted Jaya Nahak on his head and other parts of the body thereby causing bleeding injuries. The informant and Ors. immediately took Jaya Nahak to Polasara Hospital for treatment. The injuries being grievous, after giving first aid the doctor at Polasara Hospital referred Jaya Nahak to M.K.C.G. Medical College & Hospital, Berhampur for better treatment. Unfortunately, at Berhampur Hospital Jaya Nahak was declared dead. On 07.2.1999 the doctor of the Medical College, Berhampur gave information and on the basis of such information the I.I.C., Baidyanathpur P.S. registered U.D. Case No. 10/1999 and directed to P.W.11 to enquire into the matter.

(3.) THE accused pleaded not guilty.