DEEPAK KUMAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 27.4.1999 passed by the learned 1st Additional Sessions Judge, Cuttack in Sessions Trial No. 220 of 1997 convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay fine of Rs. 25,000/ - in default to undergo R.I. for two years.

(2.) THE case of the prosecution is that on 17.10.1996 at about 3 P.M., the father of the informant (P.W.3) had been to his land to put 'GARVANA STICK', but he did not return. The informant went in search of his father and found him lying in the maize field having injuries on his head and neck. He lodged F.I.R. before the Kissannagar Police Station suspecting the present appellant and his parents to be the assailants of his father. After investigation charge sheet was filed against the present appellant and two others (parents of the appellant).

(3.) IN order to substantiate the charge, prosecution examined as many as seven witnesses including the doctor and the I.O. and exhibited 23 documents. The defence examined one witness.