UMESH CHANDRA RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against an order of conviction passed by the learned Sessions Judge, Dhenkanala in S.T. No. 18 -D of 1989 under Sec. 302, I.P.C. whereby and whereunder the Appellant was directed to undergo imprisonment for life.

(2.) Skeletal picture of the prosecution story as unraveled in course of trial is as follows:

(3.) On 24.9.1988 while Sesadeva Sahu went for repairing his bicycle to the shop of P.W. 6, Nityananada Sahli, at about 7.00 A.M. the Appellant came in front of the shop of P.W. 6 and picked up a wooden plank, (A size wood used in bullock cart), M.O.III, and dealt a severe blow on the back side head of Sesadeva Sahoo as a result of which he fell down and became unconscious. The cycle had also fallen upon the injured Sesadava Sahu. The Appellant was alleged to have thrown the wooden plank and ran away towards his house. P.W. 6, and his wife and niece immediately reached the place of occurrence and provided some water to the injured. Following such assault, P.W. 6 and the other co -villagers arranged a bullock cart to shift the injured to Analabereni P.H.C.. P.W. 1, the local Sarpanch of the Panchayat was informed about the incident and he also accompanied the injured to the hospital. Thereafter, P.W. 1 went to Khatuahata Dak Bungalow, where P.W. 16, the O.I. of Tumusinga Police Station, was camping, and lodged a written report vide Ext.1 before P.W. 16. He thereafter sent the F.I.R. for registration to the Police Station and simultaneously proceeded with the investigation of the case. P.W. 16 immediately rushed to the hospital, examined some witnesses and gave an injury requisition in respect of injured Sesadeva Sahu to the Medical Officer, Analabereni P.H.C. Thereafter, he came to the spot, seized the cycle, M.O.VI, a pair of Chap pals, one napkin vide seizure list Ext.8. He also seized a piece of wood (M.O.III) vide seizure list Ext.7. On the following day i.e. 25.9.1988 the injured Sesadeva Sahu collapsed whereafter P.W. 16 held inquest over the dead body of Sesadeva Sahu, prepared the inquest report vide Ext. 15 and sent the dead body to Kamakhyanagar Hospital for, post -mortem examination. In course of investigation he seized the Resolution Book of the Panchayat (Ext. 2), under the seizure list Ext. 17. The Appellant surrendered in Court.