BHAGABAN GOUDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short "the I.P.C.") and sentence of imprisonment for life, passed by the learned Additional Sessions Judge, Berhampur on 22.8.1997 in Sessions Case No.3 of 1997.

(2.) A synoptical view of the prosecution case reveals that deceased Padma Gouda is the mother of informant Urmila Gouda. After death of her husband, while Urmila was one and half years old, deceased married Panu Gouda of village Barakolia. Informant was given marriage in village Solandi 14 years prior to the incident, i.e. in the year 1982. Accused Bhagaban Gouda is the son of Naba Gouda. Panu and Naba are agnatic brothers. Panu and deceased Padma had no son. They adopted Bhagaban. Panu had landed properties having yield of 20 varans paddy. Panu had executed a Will in favour of Bhagaban, having condition that Bhagaban would look after them. As Bhagaban defaulted to honour the said condition, the Will was cancelled by Panu. Panu expired in the year 1991, i.e. 5 years preceding the incident. Thereafter the deceased and accused persons locked horns over a proceeding U/s.145 Cr.P.C. in the Court at Bhanjanagar. It was terminated in favour of deceased. Later a civil suit was filed in the court at Bhanjanagar and by the time of the incident in the year 1996, the proceeding was pending.

(3.) The plea of defence was denial simplicitor and false implication.