PRAVA ALIAS PRAVAKAR GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE impugned judgment dt. 22.8.199.7 of the Sessions Judge, Ganjam Gajapati (Berhampur) passed in S.C.No. 402/96 convicting the appellant Under Section 304, Part II, I.P.C. and sentencing him to R.I. for ten years is under challenge in this Criminal Appeal.

(2.) THE accused faced trial on the accusation of causing death of one Satyendra Misra (hereinafter referred to as the 'deceased'). The F.I.R. lodged by the informant, Rudra Prasanna Misra in Baidyanathpur P.S. discloses that on 26.6.1996 at about 12.30 P.M. the deceased met with an accident of an unknown vehicle, As a result, he fell in a drain near a Jhumpudi hotel at New Bus Stand Road, Berhampur. On account of severe injury sustained by him on him on his head, he was shifted to Medical College Hospital. Berhampur. But he was shifted thereafter to S.C.B. Medical College, Cuttack where be expired on 26.6.96 at about 12.45 (night). Basing on the aforesaid information Baidyanathpur P.S. case No. 141/96 was registered. During investigation none could say about the incident on the relevant day at New Bus stand area. It is alleged that from the date of occurrence one road side hotel of Ramachandra Sahu was found closed. It was ascertained from the hotel owner, his wife and a garage worker Krushna Sahu that on 26.6.96 at about 12.00 noon the accused persons Prava alias Pravakar Gouda alias Mahakud and Gandu alias Dinabandhu Patra of Ashok Nagar picked up quarrel with the deceased inside the hotel. Both of them pushed the deceased to the rear side of the hotel. Accused Pravakar Gouda picked up iron rod and dealt blows on the head of the deceased as a result of which he became unconscious. Then the hotel owner Ramachandra Sahu and one Krushna Sahu took the deceased to Berhampur Medical College Hospital and disclosed that the deceased died due to accident to avoid complications. During investigation, accused Pravakar Gouda was apprehended by the police whereas accused Gandu alias Dinabandhu Patra absconded since then. The I.O.having found prima facie evidence against the accused persons, submitted charge sheet against them.

(3.) THE prosecution, in order to prove the charges against the accused, examined four witnesses only. P.W.I is Ramachandra Sahu, the owner of hotel where the alleged occurrence took place. P.W.2 is the informant who is no other than the brother of the deceased. P.W.3 is the Medical Officer who treated the deceased preliminary after which the deceased was referred to Medical College Hospital, Cuttack for better treatment whereas P.W.4 is the I.O.