NITYANANDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life in S.C. No. 1 of 2001/S.C. No. 369 of 2000 -GDC by the 2nd Addl. Sessions Judge, Berhampur, Ganjam.

(2.) PROSECUTION case is that on 14.09.1999 at about 5.30 A.M. deceased was proceeding from his village to Kanchana junction to open his shop. The informant Kunja Bihari Sahu, father in -law of the deceased, who was cutting grass in a nearby field heard the cry of his son -in -law and when he turned his attention, he found the accused -Appellant assaulting the deceased by means of a spade. The informant rushed to the spot and saw his son -in -law lying dead and accused running away from the spot through the paddy field. According to the informant, on the previous day, there was a quarrel between the accused and the deceased concerning non -payment of Rs. 700/ - by the accused to the deceased and out of grudge he committed the murder.

(3.) IN order to prove its case, prosecution examined as many as 9 witnesses including the doctor and the I.O. and exhibited 12 documents. The defence examined none.