SAMBARIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the sole convict Sambaria @ Nirakar Patra assails the judgment of conviction and order of sentence dated 17.08.2004 passed in S.T. Case No.82/33 of 2003-2004 by the Adhoc Addl. Sessions Judge (Fast Track), Keonjhar. He has been convicted under Section 302 of IPC and has been sentenced to undergo imprisonment for life.

(2.) Case of the prosecution bereft of unnecessary details is that the deceased-Satyananda @ Dhena Patra, the nephew of the informant-P.W.1, Abhimanyu Patra accompanied the accused Sambaria and others on 26.11.2002 at about 10 A.M. while he was sitting with the couple of Juangas, they proceeded towards the paddy field but after that his nephew did not return to his house. On the next day, the informant found the dead body of the deceased in front of the paddy field of one Rama Patra at about 2 P.M. When he was informed about the fact, informant went to verify the fact and after verifying the dead body to be that of his nephew, he reported the matter to the police. Further the informant disclosed before the police that the wife of the deceased had told him that prior to the incident the deceased was last seen with accused Sambaria.

(3.) The prosecution in order to prove its case has examined 14 witnesses in all. Out of these 14 witnesses, the only one witness i.e. P.W.2 is an eye-witness to the occurrence. P.W.8, Dr. Sanjay Ku. Pattnaik is the Medical Officer who has conducted the post-mortem examination of the deceased. P.W.14-Subhransu Sekhar Mishra is the Police Officer who has investigated into the case and submitted the charge-sheet before the court.