ANANDA JENA Vs. STATE

JUDGEMENT

(1.) The appellant stands convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life.

(2.) The appellant and his brother Laxmidhar Jena were placed on trial. They were charged under Sections 302/34 and 302/109 I.P.C. There was also separate charge under section 302 I.P.C. against the appellant. The learned Sessions Judge acquitted Laxmidhar Jena for want of evidence of all the charges.

(3.) The case of the prosecution is that on 16.12.1991 while the deceased Suresh Jena was sitting on his verandah and chit chatting with P.W. 7 and others, the appellant came with a Farsa and hit the deceased. The Farsa somehow struck on the thatch and the blow fell on the head of the deceased resulting in bleeding injury. The deceased Suresh was removed to Raghubathpur Primary Health Centre and after preliminary treatment he was shifted to Cutack Medical College and Hospital where he succumbed to the injuries.