SUMAN BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is preferred by way of a prisoner's petition assailing the judgment of conviction and order of sentence dated 29.3.2010 passed by learned Sessions Judge, Cuttack in S.T. Case No.242/2008 convicting the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as "I.P.C." for brevity) and sentencing him to undergo imprisonment for life and pay a fine of Rs.10,000/- (rupees ten thousand) in default to undergo R.I. for one year.

(2.) The case of the prosecution in short is that the convict-appellant on 10.3.2008 at 5.00 P.M. abused Kharika Bewa, the deceased who is the grand-mother of the informant Jitendranath Biswal in obscene words and told that she should record the lands in his name. It is further alleged that when the deceased refused to accede to the demand of the convict-appellant, the convict-appellant being enraged lifted the deceased and threw her on the ground and also had hit the head of the deceased by twisting her neck on the ground. It is further alleged that after the deceased returned back from the hospital after treatment, again on the same day the convict-appellant further lifted the deceased and smashed her on the ground which resulted in her death. Information was lodged by p.w.1 regarding the occurrence before the O.I.C., Baideswar Police Station in writing vide Ext.1 and Police on receipt of the said information took up investigation of the case and after completion of investigation filed charge sheet against the convict-appellant under Section 302 of the I.P.C.

(3.) The plea of the convict-appellant is that of complete denial of the occurrence and false implication in this case.