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2015 Supreme(Ori) 69

VINOD PRASAD, S.K.SAHOO
Chaitu Naik – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For Appellant : Mr. J. Katikia, A Mohanty, P. Mohanty, S.Swain and D.Jena.
For Respondent: Mr. Sk. Zafarulla, Addl. Standing Counsel

JUDGMENT

S.K. SAHOO, J.

It is a case of patricide. The appellant faced trial in the Court of learned 1st Adhoc Addl. Sessions Judge, Sundargarh in Sessions Trial No.4/2 of 2006 for offence punishable under Section 302 Indian Penal Code for committing murder of his father Prem Say Naik (hereafter the “deceased”) on 12.4.2005 at about 9 p.m. in village Pandridhipa. The learned trial Court vide impugned judgment and order dated 12.6.2006 held the appellant guilty under section 302 I.P.C. and accordingly convicted him of such offence and sentenced him to undergo imprisonment for life.

2. The prosecution case, as per the F.I.R. lodged by Bainu Naik (P.W.1) on 13.4.2005 before Inspector-in-charge, Town Police Station, Sundargarh was that he was staying with his family in village Pandridhipa. The appellant is the elder brother of the informant and they were remaining separately and both of them were also having two sisters. The appellant was working as a labourer and maintaining his family. The deceased was also working as a labourer and staying with his wife separately. The appellant used to quarrel with the deceased and the informant was trying to settle the dispute between them. On 12.4.















































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