RAGHUNATH SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Apple u/s.383 Cr.P.C. has been preferred by the appellant assailing his conviction U/s.302 IPC and sentence to undergo life imprisonment and to pay a fine of Rs.2000/-, in default to further undergo R.I for 2 months, passed by learned Sessions Judge, Dhenkanal in his judgement dtd.24.1.2009 in C.T. case no.16 of 2008.

(2.) Put briefly, the case of the prosecution is that, the deceased was the 25 years old son of the appellant. On 24.8.2007 at noon when the appellant returned after ploughing with limping bullocks, deceased son had altercation with accused for having taken limping bullocks to plough and also had threatened his father. The appellant didn't take meal and wandered outside. By 11 P.M. deceased son went to sleep after taking dinner in the outer verendah. The informant wife asked the husband appellant for dinner. Appellant didn't take dinner. He brought out one "Katari" and dealt 5-6 blows to the head of his deceased son while sleeping. The deceased died instantaneously succumbing to the injuries. The informant shouted and went to Gramarakhi. Matter was reported to the police station over phone. She returned and found that the appellant husband had left the spot leaving the Katari on the Kukuda Bhadi (poultry shed). On that night, when police reached the spot, wife of the appellant presented written report which was registered as Rasol P.S. case no.67 of 2007 at 7 A.M. vide Ext.3. The investigation was ensued. In course of investigation inquest and post mortem were conducted. Blood stained "Katari" was seized under Ext.1. The "Katari" was sent for chemical examination which was found to have stained with human blood. After completion of investigation charge sheet was submitted. The appellant faced trial for offence U/s.302 I.P.C. in the Court of session.

(3.) The plea of defence was denial simplicitor. In the statement recorded U/s.313 Cr.P.C. the appellant is found to have taken the plea of alibi while answering question no.9 and also stated that the brother of his wife has foisted this false case.