SASANKA SEKHAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is direct against the judgment dated 30.06.2007 passed by the Addl. Sessions Judge, Fast Track Court, Jeypore, in Criminal Trial No. 54/233 of 2006, holding the accused -Appellant guilty under Section 302 of I.P.C. and convicting him thereunder.

(2.) THE case of the prosecution in brief is that on 17.7.2006 one Neelakantha Adhari was found dead on the Pujariput -Ghasarda road near a culvert. According to the prosecution, on that day in the evening hours deceased Neelakantha came to Cherkaput village in his M -80 motor cycle in connection with his contract work to search for mason and labourers. While returning from that village, the occurrence took place on the way. The informant (P.W.11) got information from one Ganeswar Sahu at 8 P.M. about the incident and he (P.W.11) went to the spot i.e. Pujariput -Ghasarda road, where he found deceased Neelakantha was lying dead in a pool of blood and he found a deep cut injury on his neck. Deceased Neelakantha had taken a contract work at Cherkaput Dam for Rs. 5,00,000/ - for which some unscrupulous persons were inimical towards him and for that reason the informant suspected that due to previous enmity, some persons may have murdered Neelakantha. P.W.11 accordingly reported the matter to the O.I.C., Bihariguda P.S.

(3.) THE plea of the defence is one of complete denial and that he has been falsely implicated by the police.