NAKHIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal has been directed against the judgment of conviction and order of sentence dtd. 25/9/2018 passed by the learned Sessions Judge, Dhenkanal in C.T. (Ss) Case No.18 of 2017, whereby the appellant assails his conviction for commission of offences punishable under Ss. 304 Part-II of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) and sentence to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000.00 and in default of payment of fine, he has been sentenced to further undergo R.I. for a period of three months under Sec. 304 Part-II of the I.P.C.

(2.) Shorn of unnecessary details, the substratum of the matter presented before this Court remain that the deceased was a resident of village Analabeda, P.S. Rasol, Dist- Dhenkanal. On 4/10/2016, the deceased was assaulted by Nirakara Sahu (hereinafter referred to as "the Appellant" for brevity), with a bamboo lathi near the shop of Ami Sahoo (P.W.2) at around 8.00 P.M. in the evening. The deceased sustained injuries on the head and other parts of the body and subsequently, succumbed to such injuries due to shock and hemorrhage. The incident was reported to be witnessed by two individual witnesses, namely, Sudhakar Biswal (P.W.1) and Ami Sahoo (P.W.2) and later P.W.2 was declared hostile during the course of investigation. The sole eye-witness, P.W.1 happens to be the maternal uncle of the deceased and, therefore, is an interested witness. The FIR was filed by Damayanti Biswal (P.W.3) who is the sister-in-law of the deceased and is not an occurrence witness.

(3.) The O.I.C., Rasol Police Station, Rasol (P.W.15) after receiving the F.I.R., registered the same as Rasol P.S. Case No. 93 of 2016. The O.I.C. then proceeded to the spot and examined witnesses.Tthe deceased was transferred to Sub-Divisional Hospital, Hindol for treatment. The O.I.C. collected four broken pieces of lathi (M.Os.I to IV), apparels worn by the accused (M.Os. XI and XII) at the concerned spot. The O.I.C proceeded to the village and took the appellant into custody.