NILA GANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302 of the Indian Penal Code (for short, 'I.P.C.') and sentenced to undergo imprisonment for life.

(2.) THE prosecution case, in brief, is that there was previous ill -feeling between the family of the informant and the family of the Appellant. On 10 -12 -1993 at about 3 p. m. when the deceased, the mother of the informant, was returning to her home, the Appellant dealt two thenga blows, as a result of which she sustained bleeding injuries on her head. Information was lodged alleging commission of offence under Section 307. I.P.C.. Subsequently, however in the next morning, the deceased expired in Borigumma C.H.C. and ultimately charge sheet was submitted alleging commission of offence under Section 302, I.P.C..

(3.) DURING the trial prosecution has examined eight witnesses. p. ws. 1 and 2 are the two eye witnesses to the occurrence. p. w. 3 is a seizure witness. p. w. 4 is the informant. p.w. 5 is the doctor who initially treated the deceased. p. w. 6 is the doctor who conducted the post -mortem examination and p. ws. 7 and 8 are the two Investigating Officers.