PANU CHARAN BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is preferred by the appellant from prison U/s.383 Cr.P.C. assailing his conviction U/s.302 of the Indian Penal Code (for short 'the I.P.C.') and sentence of imprisonment for life and fine of Rs.10,000/-, in default of payment of fine, further rigorous imprisonment of one year passed by learned Ad hoc Addl. Sessions Judge (F.T.C.), Nayagarh in his judgment dtd.06.10.2004 in S.T. Case No.13/15 of 2004-01.

(2.) Prosecution case in a nutshell is that deceased Mahadev Behera had three sons. Accused is the eldest son. Deceased Sarat Behera is the youngest one while informant is the second son. Mahadev was working as a drozer driver in the Irrigation Department. Deceased Sarat had a shop in the outskirt of village Dhabalei. All the three sons were separate and were living in different houses. Accused was an addict of intoxicant. He was demanding money in regular intervals from father and brothers. He was picking up quarrel when money was not paid. Prior to the incident he had threatened and went away to live in his father-in-law's house.

(3.) The accused abjured his guilty in defence.