TUNIA @ HEMANTA KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 16.05.2002 passed by the learned Sessions Judge, Mayurbhanj at Baripada in Sessions Trial Case No. 47 of 2001 by which he convicted the Appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) THE prosecution case in a nutshell is that on 05.07.2001 at about 7.30 P.M. while Ramakanta Sahoo, hereinafter called as "the deceased" was in his grocery shop and the informant Maheswar Sahoo @ Mitu was going to the said shop from his house, he heard hullah of the deceased to rescue him. On running to the spot, he found the deceased coming from the side of his shop in an injured condition. The deceased told him that the accused entered into the shop, closed the door and gave cut blows by a bhujali to his head and hands. At that time, Maheswar saw the accused coming out from his shop with a bhujali and running away. He saw the same in a lantern light which was burning in the shop. The deceased was shifted to Udala hospital where he was declared dead on arrival. Maheswar Sahoo lodged a written report before the O.I.C., Kaptipada P.S. on which Police registered a P.S.case and proceeded with investigation,

(3.) THE learned Counsel for the Appellant has argued that the identification of the Appellant is doubtful and that his so -called dying declaration is not trustworthy. On the aforesaid ground he submitted that the conviction is not proper. Learned Addl. Government Advocate on the other hand submitted that on the evidence adduced in this case the conviction is entirely justified.