BABAN ALIAS GOURANGA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.1.1992 passed by the First Additional Sessions Judge, Cuttack convicting the appellant under Section 302, I.P.C. and accordingly sentencing him thereunder to undergo imprisonment for life.

(2.) Prosecution case, in brief, is that Dr. K. C. Mohapatra (P.W.12) being the Medical Officer attached to the S.C.B. Medical College Hospital, Cuttack sent a written intimation to the officer-in-charge of Mangalabag Police Station stating, inter alia, that a dead body with spear injury on the chest was received in the Casualty of the said hospital and accordingly P.W.12 requested the Officer-in-charge of the said Police Station to take necessary action. On the basis of the said written intimation, a case under Section 302, I.P.C. was registered at the said Police Station against unknown accused persons. After usual investigation, Police submitted charge sheet against the appellant only under Section 302, I.P.C. In due course of time the case was committed to the Court of the Sessions Judge, Cuttack. On transfer, the case was ultimately tried before the learned First Additional Sessions Judge, Cuttack. On perusal of the materials on record charge under Section 302, IPC was framed against the appellant to which he pleaded not guilty.

(3.) On behalf of the prosecution as many as 12 witnesses were examined. None was examined on behalf of the appellant. In course of his examination under Section 313, Cr.P.C. the appellant stated before the trial Court that on the day of occurrence he was in the house of one Gangadhar Barik (P.W.4), but at that time the deceased came and assaulted the appellant. When the appellant went to his master (employer) the deceased followed the appellant and he could see in the darkness that the deceased was holding something like a knife and the deceased started shouting. Noticing this, the appellant left that place. Except as aforesaid, the appellant denied the prosecution story as alleged. On completion of trial, the appellant was found guilty, convicted and sentenced as already stated.