LAWS(ORI)-2009-2-79

NAYS @ NABINA RANA Vs. STATE OF ORISSA

Decided On February 13, 2009
Nays @ Nabina Rana Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and Order Dated 26.05.1997 passed by the 1 st Additional Sessions Judge, Cuttack in S.T. Case No. 274 of 1996 convicting the Appellant under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution, in brief is that on 18.02.1996 at about 5.00 P.M., the deceased was proceeding to irrigate his sugar cane field. On the way in front of Temple Goddess "Dakhina Kali", the Appellant suddenly rushed towards him and inflicted a knife blow on his chest, as a result of which the deceased fell down on the ground and the Appellant fled away with the knife. Thereafter, while the deceased was being removed to S.C.B. Medical College Hospital for treatment, he succumbed to the injury on the way.

(3.) MR . Mohanty, Learned Counsel for the Appellant assailed the impugned judgment on the following grounds;