LAWS(ORI)-2022-9-31

PURNA GHASI Vs. STATE OF ODISHA

Decided On September 09, 2022
Purna Ghasi Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The appellant, in the present Jail Criminal Appeal, Jhituku Paraja is aggrieved by the judgment of the learned Sessions Judge, Koraput at Jeypore dtd. 12/6/2014 convicting him for offence punishable U/s.302 of the Indian Penal Code, 1860 ( in short 'IPC'), convicted U/ss.235(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) and sentencing him to undergo imprisonment for life and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand) only, and in default of payment of fine to undergo rigorous imprisonment for one year, after completion of criminal trial No.1/2012 (arising out of G.R. Case No.476/2011, corresponding to Jeypore Sadar P.S. Case No.113 of 2011 committed by the S.D.J.M., Jeypore).

(2.) Before the learned Sessions Court, the appellant was the sole accused. The incident out of which the proceeding arose occurred on 6/9/2011 at about 11.00 P.M. in Village- Kadamguda within the jurisdiction of Jeypore Sadar Police Station in the district of Koraput. The First Information Report ('FIR' for short) was lodged at about 8.15 A.M. on 7/9/2011. The I.I.C. Jeypore Sadar P.S., Koraput registered P.S. Case No.113 of 2011 and took up the investigation of the case.

(3.) The FIR written by one Ghenu Muduli (P.W.5) marked as Ext.2 before the learned Sessions Court, as per the statement of the informant-Somanath Pujari, written in Odia. Translated to English the FIR describes the following:-