PURUSHOTTAM BARIHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a case of dual homicide.

(2.) In this CRLA, the convict/ appellant assails his conviction and sentence to undergo imprisonment for life and to pay a fine of Rs.3,000.00 in default to undergo R.I. for one month under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) recorded by the learned Additional District and Sessions Judge, Jharsuguda in S.T. Case No.289/10 of 2003/ C.T. 292 of 2003, as per the judgment of conviction and order of sentence dtd. 7/1/2005.

(3.) Bereft of unnecessary details, the case of the prosecution is that in the evening of 1/3/2003 the deceased persons, accused and one Ganesh were coming in a tractor bearing No.OR-15B-8904 with trolley bearing No.OR15B-8906 loaded with sand. The two deceased picked up a quarrel with the accused when the accused disapproved the quality of the sand and the accused suddenly being enraged, slapped the deceased Bhalu and then pushed him from the trolley of the tractor, as a result of which, Bhalu after being struck on the body of the tractor fell down. The driver of the tractor Murali Naik immediately stopped the tractor. All of them ran towards Bhalu and found him gasping. Seeing this, other deceased Thubi abused the accused as to why he pushed his brother; but the accused drew out an iron jack rod from the tractor and dealt two blows on the head of Thubi, as a result of which, he fell down and died. Bhalu, who was gasping, also died. Thereafter, the accused fled away towards Keldamal jungle with the iron rod. The informant, the driver of the tractor with Ganesh then loaded the dead body of the two deceased on the trolley and came towards the house of the tractor owner to give information. While coming, the tractor driver seeing a scooter coming from the front, went to a side; but capsized on the right side of the road over a dry nala and the dead body of two deceased were buried below the sand of the trolley. Later, the villagers of Sialrama came and pulled out the two dead bodies from the sand. The report was lodged by Murali Naik (driver of the tractor) which was received by the O.I.C., Laikera Police Station at the spot and it was treated as F.I.R. The O.I.C., Laikera Police Station, on the point of jurisdiction, sent the F.I.R. to Kolabira Police Station and the O.I.C., Kolabira Police Station again registered the same as Kolabira P.S. Case No.8 dtd. 2/3/2003 and took up investigation. In course of investigation of the case; he examined the witnesses; held inquest over the dead bodies, sent them for postmortem examination; visited the spot; examined more witnesses; seized the wearing apparels of the deceased persons; searched for the accused in Keldamal jungle and apprehended him; on the information of the accused, recovered the iron jack rod from the jungle and seized the same; sent the material exhibit for chemical examination and on completion of investigation, submitted charge-sheet against the accused.