RAJESH THAPPA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, in this appeal, assails the judgment of conviction and order of sentence dated 13.2.2004 passed by the learned Additional Sessions Judge, Jharsuguda in S.T. Case No.228/23 of 2000 convicting the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as "I.P.C." for brevity) and sentenced him to undergo imprisonment for life for having committed murder of one Rajib Singh in the night of 26.3.2000.

(2.) Shorn of unnecessary details, the prosecution case is that, Rajib Singh was running a Hotel situated at Bijunagar of Jharsuguda. The accused-appellant was an employee of the said Hotel. In the night of 26.3.2000 Rajib Singh went to sleep in the upstair of his Hotel after his day to day work. The accused-appellant also went to sleep in the upstair. The other employees of the Hotel slept in the ground floor of the Hotel. In the morning of 27.3.2000 Rajib Singh was found injured in the upstair with severe bleeding injuries on his head and face. One 'Katari' used for cutting meat stained with blood was found near Rajib Singh. The gold chain which he used to wear was not in his neck. The employees of the Hotel removed Rajib Singh to Headquarters Hospital, Jharsuguda for treatment. At that time the accusedappellant was not found in the Hotel. As the condition of Rajib Singh was serious, the Doctor of Jharsuguda Hospital advised to shift him to Burla Medical College and Hospital. Accordingly, Rajib Singh was shifted to Burla Medical College and Hospital. Subsequently on the advice of the doctor of Burla Medical, Rajib Singh was again shifted to Kalinga Hospital, Bhubaneswar. During treatment in the said Hospital, Rajib Singh expired on 18.4.2000. The Medical Officer of Kalinga Hospital reported the death of Rajib Singh at Chandrasekharpur Police Station, Bhubaneswar. The Police held inquest over the dead body of Rajib Singh, registered an U.D. Case and sent the dead body for post mortem examination. An intimation was sent to Jharsuguda Police Station by Chandrasekharpur Police about the death of Rajib Singh. Earlier Shyamababu Sahu, the uncle of Rajib Singh, (P.W.3) had lodged a report about the occurrence at B.T.H. Police Out Post of Jharsuguda Police Station. On such report the case was registered. After receipt of the report about the death of Rajib Singh the case was turned in a case of murder and Police of B.T.H. Out Post investigated into the case.

(3.) In course of investigation, one blood stained bed sheet and the weapon of offence were seized from the spot. The accused-appellant was arrested and while in Police Custody he disclosed to have assaulted Rajib Singh by the 'Katari' in order to take away his gold chain. The accused further disclosed that he concealed the gold chain along with the blood stained clothes inside a room in the back side of the Hotel. At the instance of the accused and in presence of the witnesses, police seized the gold chain of the deceased, blood stained pant and shirt of the accused. The seized Katari, blood stained bed sheet, shirt and pant were sent for chemical examination. The records of U.D. case were received from Chandrasekharpur Police Station by the Investigating Officer of B.T.H. O.P. and after completion of investigation of the case, charge sheet was submitted by the I.O. (P.W.7) against the accused under Sections 302/394 of the I.P.C.