KUNA @ GANESWAR MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 12.12.2000 passed by the learned Addl. Sessions Judge, Boudh in S.T. No. 7/2000/S.T. No. 12/99 -DC convicting the Appellant of the charge under Section 302, I.P.C., and sentencing him to undergo R.I. for life is assailed before this Court.

(2.) THE prosecution case was set to motion on the basis of an F.I.R. filed by one Radha Mallik (P.W.1) at Manamunda Police Station. It is alleged that on 20.06.1998 at about 11 A.M., the deceased -Syama Mallik had taken the buffalos of Sandheswar Singh for bathing to the tank of Basudev Mallik of village Kanabira. He pushed the buffalos into the tank and was sitting on the embankment of the tank. At that juncture, the accused -Ap Addl. Sessions pellant suddenly came from behind and dealt a 'Tangia' blow on the back of the deceased, who, consequently fell down. It is alleged that the accused thereafter dealt Anr. 'Tangia' blow. This assault was witnessed by Laba Pradhan (P.W.4) and Kapileswar Singh (P.W.3), who were also bathing their animals in the tank. The accused threatened them not to disclose the occurrence to anybody. Subsequently, they went to village and informed the father of the deceased about the incident, who came to the spot and saw the dead -body of his son, and went to Manamunda PS and lodged an FIR.

(3.) TO bring home the charge, prosecution got examined as many as seven witnesses and exhibited thirteen documents apart from six material objects. The defence has neither examined any witness nor exhibited any document.