HIRANYA KUMAR BEHERA Vs. STATE OF ORISSA
LAWS(ORI)-2020-2-14
HIGH COURT OF ORISSA
Decided on February 13,2020

Hiranya Kumar Behera Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

A.K.MISHRA,J. - (1.) In this appeal U/s.383 Cr.P.C . the appellant has assailed his conviction U/s.302 IPC and sentence to undergo life imprisonment and to pay fine of Rs.10000/- in default R.I for two years passed in judgment dated 30.06.2011 in S.T. Case No.303 of 2009 by learned Sessions Judge, Keonjhar.
(2.) The prosecution case, in short, is that on 11.9.2009 at about 11.30 P.M. in Village Jamuda while the Sideo Munda was sleeping on a cot on the Verandha accused out of previous enmity dealt axe blows causing injuries on his neck and severance of his right index finger, as a result he succumbed to his injuries. On next day morning the nephew of deceased - P.W.1 lodged FIR at 7:00 A.M. which was registered as Harichandanpur P.S. Case No.63 of 2009 and investigation commenced. Inquest was made vide Exhibit-4. Postmortem was conducted by Doctor-P.W.8. The accused was arrested and gave recovery of the seized weapon of offence Axe (M.O-I) from paddy field. The Investigating Officer (P.W.10) got the said weapon of offence and other seized articles forwarded for chemical examination vide Exhibit-13. After completion of investigation charge-sheet was submitted. The SDJM, Keonjar committed the case to the Court of Session. Accused faced trial for the offence under section 302 IPC.
(3.) The plea of defence is denial simpliciter and false implication.;


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