HIGH COURT OF ORISSA
STATE OF ODISHA
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S. K. Mishra,J. -
(1.) In this appeal, the sole Appellant- Bisu @ BiswanathMallik assails his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) and sentence to undergo imprisonment for life recorded by the learned District and Sessions Judge, Ganjam- Gajapati, Berhampur in Sessions Trial No.84 of 2007, as per the judgment of conviction and order of sentence dated 08.11.2010.
(2.) The case of the prosecution, in short, is that on 19.02.1999 at about 7.00 P.M. while the deceased Uchhaba Naik was talking with one Gopala Mallik in front of the house of Uchhaba Mallik, all on a sudden, the sole Appellant- Bisu @ Biswanath Mallik reached the spot being armed with a knife and stabbed the deceased with that knife on the left side of his chest on account of previous animosity and grudge. On such assault, the deceased ran towards the house of Barika Mallik shouting "Basu stabbed me" and collapsed on the verandah of the house of Barika Mallik. The deceased was shifted to Pudamari Government Hospital where he was declared dead by the Doctor. The AppellantBasu Mallik fled away from the spot immediately after the occurrence. Though some of the villagers chased, they could not trace the Appellant. However, the blood stained knife was discovered by the villagers which was produced before the Police. The informant lodged F.I.R. before the Police and on completion of investigation, the Police submitted chargesheet against the sole Appellant.
(3.) Defence took the plea of complete denial of the charge.;
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