PUNIA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this JCRLA, the convict/ appellant (Punia Naik) has assailed the correctness of the judgment of conviction and order of sentence dated 29.03.2004 passed by the learned Adhoc Additional Sessions Judge, Fast Track Court, Keonjhar, in Sessions Trial No.202/23 of 2002/03, whereby he has been convicted and sentenced to undergo imprisonment for life for commission of offence under Section 302 of the Indian Penal Code,1860 (hereinafter referred to as the 'I.P.C.' for brevity).

(2.) Prosecution case in short is that on 20.05.2002 at about 5 P.M. the informant, who is the son of the deceased lodged a F.I.R. at Ghotagaon Police Station that the deceased has been to the weekly market and has not returned. When the informant asked one Mangulu Naik and Parikhita Dalei about missing of his father, they told that they along with deceased had been to take Handia together and then they went to Dukhabahari tank for bath and while returning they were coming in a row. The deceased was at a little behind. All on a sudden, it was found that the deceased was lying in the road with an arrow pierced on his body through the right side of his chest, and they also found the accused Punia Naik trying to shoot them with an arrow. Hence, they fled away from the scene out of fear. The informant after coming to know about the incident, informed his mother went to the spot and he found his father lying dead on the road. Then, he lodged a written F.I.R. before the O.I.C., Ghatgaon Police Station. The police took up investigation and on completion of the same, submitted charge sheet against the accused under Section 302 of the IPC.

(3.) Defence in this case took the plea of simple denial. The prosecution, in order to bring whom its case examined 12 witnesses and led certain documents as exhibits but no material objects were produced by the prosecution.