BIPIN BIHARI NAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 8-8-1997 passed by the learned Addl. Sessions Judge, titilagarh convicting the appellant under section 302, IPC and sentencing him to undergo imprisonment for life in S. C. No. 94/24 of 1996, the appellant has preferred this appeal.

(2.) THE prosecution case is that on 21-3-1996 at about 6. 30 a. m. in village Deng near Adivasi Colony, the accused seeing the deceased plucking of Mahua from his tree, protested against the same. There was exchange of hot words between them in course of which the accused by means of an axe assaulted the deceased who succumbed to the injuries. The accused surrendered at sainthala P. S. by giving information about commission of the offence. The Officer-in-charge, Sainthala P. S. rushed to the spot, drew up plain paper FIR ad took up investigation. Ultimately, final form was submitted by the C. I. of Police, Titilagarh P. S. under Section 302, IPC.

(3.) THE plea of the defence was complete denial of the allegation.