STATE OF ORISSA Vs. REKARD SINGH PATRA

JUDGEMENT

(1.) THE judgment dated 14th August, 1996 passed by learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna acquitting the accused from the charge under Section 302 of the Indian Penal Code in S.C. No. 43/1995 is assailed by the State of Orissa in this Government Appeal.

(2.) BEREFT of unnecessary details the short facts as spelt out from the F.I.R filed by P.W. 5 is that in the early morning of 17.5.1995 accused Rekard Singh Patra committed murder of his father Makunda Patra while he was sleeping by dealing tangi blows on his back, chest, shoulder and on his left hand near the wrist joint thereby his left palm got severed from the hand. It is further alleged that there was prior enmity between the accused Rekard Singh Patra and the family of the deceased and to squench his anger, the accused entered into the house and assaulted his father.

(3.) THE plea of the accused was complete denial. It is further averred that a false case has been foisted against him due to prior enmity.