STATE OF ORISSA Vs. BHARAT JENA

JUDGEMENT

(1.) THE State of Orissa has preferred Government Appeal No. 38 of 1995 under Section 378(1) and (3) of the Code of Criminal Procedure challenging the order passed on June 27, 1995 by the 2nd Additional Sessions Judge, Bhubaneswar acquitting the four respondents of their respective charges under Section 235(1) of the Code of Criminal Procedure in S.T. No. 11/98 of 1994.

(2.) ALL the four respondents were accused and stood charged under Section 302 read with Section 34 of the Indian Penal Code for committing murder by intentionally causing the death of one Abhiram Senapati in furtherance of their common intention. Added to it, respondent No. 2 -Bibhuti Bhusan Roul and respondent No. 3 -Kailash Ch. Jena stood further charged under Section 109 read with Section 302, IPC for abetting the commission of murder of said Abhiram Senapati alleged to have been committed by the other two respondents. They were also charged under Section 201/34, IPC, for causing disappearance of evidence of the said offence of murder with full knowledge about commission of the offence with intention to screen the offenders from legal punishment.

(3.) THE said FIR was lodged at 3.30 a.m. on 7.10.1992 at Balianta Police Station. After receipt of the FIR, a cognizable case under Sections 341/307/364/34, IPC was registered as P.S. Case No. 146 and the Officer -in -charge of Balianta P.S. commenced investigation. On the day following, the dead -body of Abhiram with multiple cut injuries was discovered from the water of a Nayanjori situated at a little distance from Dedhal Chhak. The I.O. conducted inquest over the dead -body and sent the dead -body for post -mortem. Autopsy was conducted by an Assistant Surgeon of Capital Hospital, Bhubaneswar (P.W. 25) and as many as eight internal injuries were found on the dead -body. The cause of death was opined to be haemorrhage and shock due to multiple wounds. On the basis of the medical evidence, chargesheet was filed against the accused -respondents.