RABI @ RABLNDRA CHANDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant faced trial for commission of offence punishable under Section 302 of I.P.C. in ST. Case No. 225/7 of 2002 in the Court of Addl. Sessions Judge, Jharsuguda. By judgment and order dated 30th April, 2003 he was convicted and was sentenced to undergo R.I. for life. Being aggrieved the Appellant has approached this Court by filing this appeal under Section 374 of the Code of Criminal Procedure

(2.) BEREFT of unnecessary details, the prosecution case, in short, is that the Appellant was the only son of Chainu Pradhan, who was a railway employee. The Appellant was unemployed and used to demand money from his father. Being aggrieved by the fact that Chainu Pradhan used to give his entire salary to his wife, Appellant picked up a quarrel with his father. It is alleged in course of altercation he assaulted Chainu Pradhan by means of a wooden baton (Argadi) thereby causing grievous injuries on the head and other parts of the body. Due to the assault Chainu Pradhan fell down and died instantaneously. On hearing commotion Ratnakar Pradhan.(P.W.8), who was a neighbour, rushed to the place and found Chainu Pradhan lying dead in front of the house in a pool of a blood and the Appellant was standing near the dead body holding a wooden baton which was stained with blood. He reported the incident to the O.I.C., Jharsuguda P.S. on the same day i.e. on 29.7.2001 by filing an F.I.R. (Ext.5).

(3.) THE Appellant took the plea of denial. In his statement recorded under Section 313 Code of Criminal Procedure he took the stand that he was not present in his house at the time of occurrence and he had gone outside for work.