SATRUGHNA BARAD @ NILU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant has assailed his conviction under Section 302 of the Indian Penal Code (hereinafter referred to as IPCin brevity) and sentence to undergo imprisonment for life and to pay fine of Rs.2000/-(Rupees two thousand) in default R.I. for six months by judgment dated 7.12.2010 in S.T. Case No. 161 of 2010 by learned Additional Sessions Judge, Kendrapara.

(2.) Accusation leading to this prosecution was that on 13.10.2009 at about 7.00 P.M. informant and her husband deceased- Mir Nabi Bux while coming from the medical, in-front of the house of Dr.Acharya, accused Pinku and three others obstructed them and fired from a Mauzer. Informant sustained bullet injury so also her husband deceased Mir Nabi Bux. On being asked Mir Nabi Bux disclosed that assailants were Pinku and his associates. He was taken to hospital at Kendrapara, where he succumbed to his injuries.

(3.) Both the accused persons pleaded not guilty to the charge under Sections 302/34 IPC and Sections 25 and 27 of the Arms Act.