JAGANATH BIBHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal, the judgment dtd.08.07.1998 passed by learned Sessions Judge, Kalahandi - Nuapada at Bhawanipatna in S.C. No.67 of 1996 is assailed by the appellant wherein he has been convicted U/s.302 of the Indian Penal Code (in short the "I.P.C.") and sentenced to undergo imprisonment for life.

(2.) A synoptic view of the prosecution case reveals that on 21.7.1996 at about 8.30 A.M. accused dealt tangia blows to deceased while returning from paddy field and deceased was done to death by such act. Informant, grandson of deceased, hearing hulla, came out from residence, saw accused and chased him. Accused ran away throwing the Tangia at a distance. Informant with his friend Nepal Sahu went to Korlamunda Out Post and lodged a written report. The A.S.I. of police (P.W.12) made S.D. entry No.296 dtd.21.07.1996 and took up preliminary investigation. He examined informant and other witnesses. Made inquest and sent the dead body for post mortem examination. At 12 A.M. on that day the O.I.C., M. Rampur registered P.S. Case No.90 dtd.21.07.1996 and took up charge of investigation. He arrested the accused on next day and made some seizure. He obtained medical opinion on seized axe and sent the seized articles for chemical examination. After completion of investigation, charge-sheet was submitted. The case was committed to the Court of Session. Accused faced trial for offence U/s.302 I.P.C.

(3.) Defence plea is denial simplicitor.