JAYA RANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment dated 25.03.1996 of the Sessions Judge, Bolangir, passed in Sessions Case No. 123 of 1995, holding the accused guilty under Section 302 I.P.C. and convicting him thereunder, is under challenge in this appeal.

(2.) THE case of the prosecution, is that, on 20.6.1985, the Grama Rakhi of the village (P.W.3) was present in his house and being called, he came to the house of one Chittaranjan Pradhani where Ghanashyam Pradhani and Ramnivas Agarwal (P.W.6) informed him that the accused had killed his grand -father. On hearing about the incident, P.W.3 went to the house of the deceased and found the dead body of the deceased lying in a pool of blood, in front of the house. On interrogation, the accused confessed before him to have killed his grand father when he refused to give him his share in a partition. P.W.3 went and informed the matter to the police over phone and on receipt of the telephonic message, the police visited the spot at about 7.30 A.M. and on the same day, P.W.3 gave a report orally to the O.I.C., Tusura P.S. (P.W.9), who reduced the same into writing and treated the same as F.I.R. and took up the investigation.

(3.) THE plea of the accused is one of complete denial.