SATYA PRAKASH DIXIT Vs. STATE OF ORISSA

JUDGEMENT

(1.) In S.T. Case No.19 of 2017, learned Additional Sessions Judge, Rairangpur in the district of Mayurbhanj found the present Appellants Satya Prakash Dixit and Ganesh Chandra Dixit guilty of offence under Ss. 302/34 of I.P.C. He sentenced both the aforesaid convicts to suffer R.I. for life and to pay a fine of Rs.20,000.00 (Rupees twenty thousand) each in default, to suffer further R.I. for six months each.

(2.) Prosecution case, stated succinctly runs as follows:

(3.) Prosecution has examined 13 witnesses to prove the charge. P.W.12 is the informant, who happens to be the father of the deceased. P.W.11 is the mother of the deceased. P.W.10 is the younger sister of the informant and happens to be the aunt of the deceased. P.W.1 is the scribe of the F.I.R. and informant P.W.12 happens to be his maternal uncle. P.W.2 is an independent witness and a co-villager of the Appellants. P.W.3 is a witness like P.W.2. P.W.4 is the brother of P.W.1. P.W.5 is the friend of P.W.4. P.Ws.5, 6, 8 and 9 are witnesses to seizure out of whom, P.Ws.5 and 6 are also witnesses to confessional statement of Appellant No.1-Satya Prakash Dixit before the police recorded under Sec. 27 of the Evidence Act and recovery of a bamboo stick at his instance. Similarly, P.Ws.10 and 12 are witnesses to inquest over the dead body of the deceased. P.W.7 is the Medical Officer, who conducted post-mortem over the dead body of the deceased. P.W.13 is the Investigating Officer.