KENDU NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment and order of conviction dated 23.11.2001 passed by the learned Additional Sessions Judge, Bhanjanagar -Aska, Circuit at Aska in S.C. No. 7/99 (S.C.16/98 ADJ -1) by which the appellant has been convicted for commission of the offence under Section 302, IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 5000/ - in default to undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution is that on 31.05.1997 at about 9:00 PM, the Medical Officer of Konkoroda PHC treated the deceased Raghunath Polei and referred him to M.K.C.G. Medical College & Hospital, Berhampur for further treatment. On the next day, he intimated the police in writing about receipt of a medico -legal case and on being directed by the OIC, Pattapur P.S., the A.S.I. of Police of the said P.S. on 2.6.1997 made a preliminary inquiry and came to know that on 31.5.1997 at about 8:00 PM, the appellant assaulted the deceased by means of a Tangia on his head to cause death at Harijan Sahi of Village Bakilikana. Subsequently, the deceased was shifted to the S.C.B. Medical College and Hospital, Cuttack. On return to the Police Station, the ASI lodged FIR, pursuant to which the OIC registered the case u/section 307 IPC and directed him to investigate into the matter. On 5.6.97, the OIC received a V.H.F. message from I.I.C., Mangalabag P.S. that the deceased died on 4.6.97 at 2:30 PM while undergoing treatment at Cuttack. Accordingly, the case was turned to one under Section 302 IPC and the OIC took charge of the investigation from the ASI and after its completion filed charge sheet against the appellant under Section 302, IPC

(3.) IN order to prove its case, prosecution examined as many as 14 witnesses including the doctor and the I.O. and exhibited 15 documents. The defence did not choose to adduce any oral evidence but exhibited one document marked Ext.A.