GAYADHAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 6th February, 1996 passed by learned Addl. Sessions Judge, Jajpur in S.T. No. 273/29 of 1994 convicting the Appellant for commission of offence under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life.

(2.) THE prosecution was set to motion on receipt of the F.I.R., Ext.3 lodged by P.W.1 in Bari out -post on 21st January, 1994 alleging that on the said date in the early morning, his brother -in -law Rajat Panda had gone to his ground -nut field situated nearby his house to kill rats, when accused -Gayadhar, to fulfill his earlier grudge, came there and assaulted Rajat Panda with a lathi thereby causing serious bleeding injuries. Hearing the hullah, the informant and Ors. rushed to the spot and on seeing them, the accused fled away. Rajat was thereafter shifted to Indupur Hospital for treatment and the matter was reported to the police station. On the basis of the F.I.R., Binjharpur P.S. Case No. 18 of 1994 was registered under Sections 341, 323, 325, IPC. Unfortunately in course of treatment, Rajat Panda succumbed to the injuries caused on him. Thereafter, the case was turned to one under Section 302, IPC. In course of investigation, inquest was made over the dead -body and the body was sent for post mortem examination. Several persons were examined, weapon of offence was seized and after completion of investigation, charge -sheet was submitted in the Court of learned S.D.J.M., Jajpur in G.R. Case No. 65 of 1994. Learned S.D.J.M., Jajpur after considering the police papers and on being satisfied, took cognizance of the offence and thereafter committed the case to the Court of Session for trial.

(3.) TO substantiate its case, the prosecution got examined 10 witnesses. On the other hand, the defence also got examined four witnesses in support of its plea.