FAGU KISAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant has been convicted and sentenced to life imprisonment by the learned Addl. Sessions Judge, Rourkela for commission of offence under Sec. 302 of the I.P.C.

(2.) The Appellant - Fagu along with two others namely, Trinath and Umasankar faced trial in S.T.No.177/51 of 1995 for offences under Ss. 342/302/34 of the I.P.C. The Appellant was convicted for offence of murder while other two were acquitted from the charges.

(3.) The present case corresponds to Lathikata P.S. Case No.31 dtd. 26/10/1994. Prior to that, Lathikata P.S. Case No.30 dtd. 26/10/1994 was registered on the report of the present Appellant on the allegations that Sanatana (deceased) assaulted the appellant. To inquire into the allegations, P.W.10-Chandramani Majhi, the then Asst. Sub-Inspector of Police went to village Suidihi. When he reached at the village around 8.00 P.M. found Sanatana lying by the side of the drain, near Lakshmi Mandap behind the house of P.W.1 in injured condition with legs tied by a jute rope. Seeing P.W.10 near him, Sanatana asked for water and further stated that Fagu (the present Appellant) assaulted him by means of an iron rod. P.W.10 shifted the deceased by a trolley rickshaw (Thela) to the nearby hospital where the doctor declared him dead upon examination. He then lodged the written report and accordingly Lathikata P.S. Case No.31 dtd. 26/10/1994 was registered. P.W.14, the then Sub-Inspector, took up investigation of the case and sent the dead body of the deceased to the Sub-Divisional Hospital, Panposh for post-mortem examination. In course of investigation, P.W.14 seized the weapon of offence (M.O.-III) i.e., a bent crowbar as produced by the Appellant in connection with Lathikata P.S. Case No.30 of 1994. The scientific officer was requisitioned, who examined the spot and collected bloodstained as well as sample earth.