UJALA SANDHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal U/s.383 Cr.P.C. the appellant has assailed his conviction U/s.302 IPC and sentence to undergo life imprisonment passed in judgment dated 21.4.2006 in S.T. Case No.49 of 2005 by learned Addl. Sessions Judge, Boudh.

(2.) Briefly stated, the prosecution case is that deceased, Kesaba Sandha had constructed a house on the public land encroaching public road and accused and informant were facing difficulty in taking bullock cart to their filed. Both parties had inimical terms for that.

(3.) Learned Trial Court believed the evidence of eye witness (P.W.1) as wholly reliable. Relying upon the evidence of Doctor and M.O.1 weapon of offence he concluded that the death of deceased was homicidal in nature. Believing the evidence of P.W.1 and P.W.4, learned trial Court found the accused to be the author of injury on the body of deceased. Accordingly, he convicted the accused U/s.302 IPC and passed sentence as stated above.