DAMODAR PATRA AND ORS. Vs. STATE

JUDGEMENT

(1.) The conviction and sentence passed by the learned Sessions Judge, Phulbani in Sessions Case No. 38/88 under Ss. 147 and 302 read with Sec. 149, IPC directing the appellants to undergo R.I. for two years and imprisonment for life, the sentences were to run concurrently, has been challenged in this appeal.

(2.) The brevity of the prosecution story as unfolded during trial is as follows:

(3.) P.W.3 Ram Chandra Jena lodged a report at Kotagarh P.S. which was registered as Kotagarh P.S. case no 2/88 and the Officer -in -charge of Kotagarh Police station immediately rushed to the spot for investigation, held inquest over the dead -body of the deceased Govinda Jena, examined the witnesses, visited the spot, arranged to despatch the dead body for post mortem examination, seized one wooden plank (M.O.I) some broken tiles, some broken bangles and one Stone from the spot under seizure list, Ext. 8. He arrested all the appellants on 10.1.88 and on the following day forwarded the accused -appellants to judicial custody of the Court of S.D.J.M. Baliguda. After receipt of the post mortem report ha also sent the plank (M.O.I) to the Medical Officer (P.W.1) for securing an opinion whether the injuries caused on the deceased Govinda could be possible by a plank like M.O.I to which P.W.1 answered affirmatively. After closer of investigation, charge -sheet was submitted under Ss. 147. 148. 459. 323 and 302 read with Sec. 149, IPC.