SUSANTA DAS & ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two appeals arise out of a common judgment dated 15.10.2008, passed in Criminal Appeal No.251 of 1997 preferred by the accused-Ashok Das alias Gopal Das and Government Appeal No.20 of 1999 as against the acquittal of accused Nos.1 to 4.

(2.) As per the case of the prosecution on 03.04.1996, at about 04.00 p.m. when P.Ws.8, 11 and the deceased Padma Lochan Jena were proceeding from Bhadrak to Agarapada in a Rajdoot Motorcycle, about half a kilometer before Kadabaranga Chhaka, the accused numbering five, each one of them armed with deadly weapons obstructed them and when the three persons tried to escape, the accused chased them and assaulted them with the aid of the weapons held by them. At that point of time, a trekker passed through the road and on seeing the same, the accused persons fled away. The trekker however did not stop, but P.W.7 along with one Debendra Padhi who were also proceeding on that road in a motorcycle stopped at the place of occurrence, helped the deceased as well as P.Ws.8 and 11 who were also injured by shifting them to a hospital in a mini bus called Santoshi coming on that road and that before they could reach the hospital the deceased Padma Lochan succumbed to the injuries.

(3.) At the hospital P.W.1, the uncle of the deceased, who rushed to the hospital on hearing the news of the death of the deceased, after gathering the information from P.Ws.8 and 11 as to how the deceased along with the injured eye witnesses were assaulted by the accused, lodged the F.I.R. (Ex.1) by around 5.45 p.m. The injured were attended by P.W.12 Doctor who issued the injury reports (Exs.7-8). P.W.9, Dr. S. N. Panda conducted autopsy on the body of the deceased and issued Ex.6, the post mortem report. Though P.W.10, the passenger in the Trekker was cited and examined as an eye witness to the occurrence, did not support the case of the prosecution. P.Ws.13 and 14 were the investigating officers and the major portion of the investigation was conducted by P.W.13. P.W.13 recovered a Bhujali and the cover of the Bhujali (M.Os.II -III) and the wearing apparels of the injured and the deceased (M.Os.IX -XI). M.O.I is a pair of chappal, which was also recovered along with other articles viz., plastic comb, plastic glass, whisky and rum bottles. Ex.2 was the inquest report and Ex.10 was the dead body challan. Exs.3 to 5 and 12 were the different seizure lists. Ex.9 was the crime detailed form while Exs.14 to 18 are the documents in support of sending M.Os. to the State Forensic Science Laboratory and the report received therefrom.