STATE OF ORISSA Vs. MAHURIA TANDI

JUDGEMENT

(1.) Respondent, as accused, faced trial in the Court of Learned Sessions Judge, Kalahandi -Nuapada in S.C. No. 76/1995 for commission of offence under Sec. 302 of the Indian Penal Code. It was alleged that he had intentionally caused the death of Prasadi Tandi.

(2.) The occurrence took place In the night of 30.5.1995. On the next day, i.e. on 31.5.1995 at about 3.30 P.M. the brother of the deceased (P.W.6) lodged an F.I.R. at Narla P.S. alleging that some unknown persons assaulted his brother by means of a lathi on his head, while he was sleeping in front Courtyard of his house, as a result of which he sustained head injuries and died. On the basis of the said F.I.R. (Ext. 1), the investigating agency took up the investigation and after completion of investigation submitted charge sheet against the accused.

(3.) The plea of the accused was complete denial.