SANTOSH TOPPO Vs. STATE OF ODISHA
LAWS(ORI)-2020-2-27
HIGH COURT OF ORISSA
Decided on February 29,2020

SANTOSH TOPPO Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

A. K. Mishra, J. - (1.) In this appeal under Sec.383 Cr.P.C. the sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short 'the I.P.C.') and sentence to undergo imprisonment for life and to pay a fine of Rs.20,000/- by the learned Addl. Sessions Judge, Rourkela in his judgment dtd.09.01.2009 passed in Sessions Trial Case No.70 of 2008.
(2.) In this case of matricide, the accused faced charge U/s.302 I.P.C. for having given a single blow to deceased mother on 12.2.2008 at 10.30 A.M. in the Mundari Basti. As per prosecution case, the accused and his wife quarreled and when mother intervened, the accused left the spot and thereafter bringing one knife searched for brother and in course of that he found his mother, dealt a blow which struck to the right ear and the mother succumbed to her injuries at hospital in course of treatment. F.I.R. was lodged at 4 P.M. resulting registration of Sector7 Rourkela P.S. Case No.09 of 2008. During course of investigation, accused was arrested, inquest and post mortem examination were conducted and after completion of investigation, charge-sheet U/s.302 I.P.C. was submitted. The case was committed to the court of Sessions and accused faced trial for the aforesaid charge.
(3.) Defence took the plea of denial simplicitor and examined none. In support of its case, prosecution examined 11 witnesses, out of which P.W.10 is the informant, P.Ws.1, 2 and 5 are son, brother and sister of the deceased. P.W.8 is the doctor who conducted post mortem examination. Prosecution exhibited 12 documents. The seized knife and wearing apparels were marked as M.O.I and M.O.VII.;


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