JURA PURTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13.01.1999 passed by the learned Addl. Sessions Judge, Rairangpur in ST. Case No. 10/73 of 1998 convicting the Appellant for commission of offence under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution, as revealed from the FIR, is that on 06.11.1997 at about 9.00 A.M. while the informant (P.W.1) was in his house, he was informed by P.W.10 that while his younger sister Mecha Purty (deceased) was going to the land, the Appellant assaulted her by means of a crow bar on her back and waist, for which she sustained bleeding injuries. Thereafter, the deceased was brought by her brother to his house and the deceased disclosed that while she was going to her cultivable land, the Appellant suddenly came and assaulted her on her back and waist by means of a crowbar. After making such disclosure she became senseless. On these allegations the FIR having been lodged, investigation was taken up and on completion of the same charge -sheet was submitted for commission of offence under Section 302, IPC.

(3.) THE plea of the defence is one of denial and the Appellant complained of false implication. The trial Court relying on the dying declaration coupled with the medical evidence found the Appellant guilty of the charge and convicted him thereunder.