PURAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for commission of offence under Section 302 IPC and sntenced to imprisonment for life and to pay a fine of rs. 2,000 in default to R. I. for six months by the learned Additional Sessions Judge, talcher in S. T. case No. 14/2003, has preferred this appeal.

(2.) THE case of the prosecution is that the deceased Ugresen had taken some contract work from the block along with the accused and three others. On 11. 12. 2002 there was a village meeting concerning payment of money among the members of the group at the instance of accused-appellant Purna pradhan. During course of discussion in the meeting, the accused-appellant got annoyed and threatened the deceased and other members of the group to kill one by one accusing misappropriation of money. At about 6 p. m. on that date, the deceased was going to village Baghabaspur for arranging labourers. While he was passing through the house of one Bajia Behera of his village, the accused-appellant all of a sudden coming from the darkness holding a knife brutally assaulted him causing injuries on his hand, shoulder, face and throat. Due to cutting of his throat, there was profuse bleeding. He was immediately removed to Angul hospital where the doctor referred him to s. C. B. Medical College and Hospital, Cuttack. During course of treatment at S. C. B. Medical College and Hospital, Cuttack the deceased died. After returning from Cuttack, the son of the deceased lodged the report on 12. 12. 2002 at about 6 a. m. After completion of investigation, charge-sheet was filed against the accused-appellant under Section 302 I. P. C.

(3.) THE plea of the appellant was denial of the prosecution case.