DEBENDRA HEMBRAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant-Debendra Hembram has assailed his conviction under Sec.302 of the Indian Penal Code, 1860 (hereinafter referred to as "I.P.C." for brevity) by the Additional Sessions Judge in S.T. Case No.33/163 of 2002. The learned Additional Sessions Judge by virtue of the judgment dated 30.06.2004 has convicted the appellant under Sec.302, I.P.C. and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- only and in default to undergo R.I. for one month.

(2.) Sworn of unnecessary details, the matter may be narrated as follows:

(3.) The defence took a plea of complete denial. He has further taken the plea that the wife of the deceased had illicit relationship with another man and he had protested to it and for that reason a false case has been foisted against the appellant.