KIRTAN NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is preferred by way of a prisoner petition through Superintendent, District Jail, Bhawanipatna vide letter No.73 dated 31.01.2017 against the judgment dtd.17.9.2008 passed by the learned Sessions Judge, Kalahandi, Nuapada in Sessions Case No.70 of 2007 convicting the appellant U/s.302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) The death was done on 17.2.2007, noon on the village road. Deceased was returning after casting vote. The appellant who was his brother's son, stabbed him to death with a knife. P.Ws.4 and 6 saw the act of stabbing. The son of deceased, P.W.2 reached the spot which was in front of the house of P.W.5. He saw his father lying dead. He went to Kegaon Police Station and lodged the FIR (Ext.1) at 2 P.M. The investigation was set into motion. Inquest over the dead body was conducted so also post mortem examination. On 19.2.2007 the investigating officer (P.W.11) apprehended the appellant from the village, who gave recovery of knife which was seized under Exhibit-4. The appellant was medically examined for the minor injury sustained on his palm. After completion of investigation, charge-sheet U/s.173(2) of Cr.P.C. was filed. The case was committed to the court of sessions. Appellant faced trial for the charge U/s.302 of Indian penal Code. After trial, learned Sessions Judge convicted the appellant and passed the sentence stated above.

(3.) The plea of defence was denial simplecitor. The accused did not advance any explanation for the incriminating circumstance put to him U/s.313 Cr.P.C.