GAGAN BIHARI DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the aforesaid appeals, the appellants assail their conviction and sentence to undergo imprisonment for life under sec. 302/34 of the Indian Penal Code and R.I. for 10 years under sec. 364/34 of the Indian Penal Code recorded by the learned 2nd Additional Sessions Judge, Puri in S.T. Case No.09/156 of 1999, as per the judgment of conviction and order of sentence dtd. 21/11/2002.

(2.) Bereft of unnecessary details, the case of the prosecution is that on 11/4/1998 at about 4 P.M. the appellants took Babu Sahu, the brother of the informant from his house. As the brother of the informant, Babu did not return till late night, the informant and his family members searched for him during night, but could not trace him out. On the next morning at about 6 A.M., Babu Sahu was shifted by driver Babu Mallik in his mini truck bearing No.OR-02-C-648 in injured and unconscious condition. The victim, Babu Sahu had sustained multiple bleeding injuries. Thereafter, he was shifted to Charichhak Hospital wherefrom on being advised by the Medical Officer, Charichhak he was removed to SCB Medical College and Hospital, Cuttack. At that juncture the informant had lodged the F.I.R. at 11 A.M. on 12/4/1998 at Nayahat Out Post which was subsequently forwarded to Gop Police Station for registration of the case. Accordingly Gop P.S.Case No.43 of 1998 was registered under sec. 307/34 of the Indian Penal Code. It is also the case of the prosecution that in course of his shifting to SCB Medical College and Hospital, on query of his family members, the victim disclosed the names of the appellants and the manner of assault and the weapons used by the appellants. After few hours of admission of the victim in SCB Medical College and Hospital, he succumbed to the injuries. On receipt of a memo from the SCB Medical College and Hospital, Mangalabag P.S. Case No.264 of 1998 was registered and inquest over the dead body was conducted and thereafter post mortem examination was conducted over the dead body of the victim. After the death of the victim, the case was converted to a case under sec. 302 of the Indian Penal Code and U.D.Case record of Mangalabag P.S. was sent to Gop Police Station for further investigation.

(3.) The appellants have denied their complicity in the alleged crime. They have also not adduced any defence evidence in support of their plea.