BISHNU CHARAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 31.01.2001 passed by the learned Addl. Sessions Judge, Kendrapara, in S.T. Case No. 54/569 of 1998 in convicting the present appellant for commission of offence under Sections 302 IPC and sentencing him to undergo Rigorous imprisonment of life.

(2.) The prosecution case as reveals from the record is that, on 22.02.1998 at about 5.30 P.M. the accused persons picked up quarrel with the deceased wife, namely Kamala Nayak (P.W.5) alleging destruction of their flower plants by her cattle while she was near the cow shed. During the course of quarrel, the deceased-Purna Chandra Nayak came from his field and protested. At this juncture, accused Pitambar (dead) and accused Bijayananda rushed to Purna and caught hold of him while he was untying the rope from the post to tie the bullock. Accused Rabindra came with a lathi and the present appellant, Bishnu Charan Nayak having armed with a 'Balam' (spear like weapon) came and dealt a stabbing blow on the neck of Purna. As a result of which Purna sustained profuse bleeding injury and fell down. Thereafter the accused left the place and Purna was shifted to District Headquarter Hospital, Jaipur for his treatment where he was declared dead. Autopsy was conducted over the dead body. Son of the deceased Bikash Chandra Nayak (P.W.4) reported the matter at Kandiahat Police Out post at 5.30 P.M. on 23.02.1998. Deceased Purna was the son of Dolagobinda Nayak. Accused Pitambar Nayak (dead), Bidyanath Nayak and Natha Nayak are the brothers of Dolagobinda. Accused Bishnu Charan Nayak and accused Rabindra Nayak are the sons of Pitambar Nayak. Accused Bijayananda Nayak is the son of accused Bishnu.

(3.) The A.S.I. of Police, Kandiahat (P.W.8) undertook the preliminary investigation and sent the F.I.R. to Aul Police station for its Registration, which was registered as Aul P.S. Case No. 17 of 1998 under Section 341, 302 and 34 IPC. The investigation was entrusted to P.W.8. Thereafter P.W.8 visited the spot, examined the witnesses, seized blood stained outer portion of the cattle post and clothes, arrested co-accused Pitambar, forwarded him to the court and handed over the charge of investigation to the then O.I.C., Aul Police Station, namely Pradyumna Kumar Jena (P.W.7) who re-examined some of the witnesses, received the case diaries from I.I.C., Jajpur P.S. in Jajpur P.S. U.D. Case No. 14 of 1998 and the post mortem examination report, seized blood stained apparels of the deceased on production by P.W.8, examined P.W.8 and seizure witnesses, arrested the present appellant and forwarded him to the court. P.W.7, thereafter handed over the charge of investigation to his successor P.W.9, who sent the seized clothes and saree to State F.S.L. Rasulgarh for chemical examination as per the order of the S.D.J.M., Kendrapara. He submitted the charge sheet on receipt of order from S.P. Kendrapara completing investigation against the appellant, accused Pitambar (dead) showing accused Rabindra and Bijayananda as absconders. Accused Pitambar and Bishnu were committed earlier and charged in S.T. No. 54/569 of 1998. The accused Rabindra and Bijayananda later, on their apprehension and production were committed and charged in S.T. No. 7/61 of 1999. The hearing of both the trials was taken up together, in course of which accused Pitambar died and the case against him stood abated vide order dated 29.06.2000.