BABU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both the Appellants, namely Babu Sahu and Babaji Behera have come up in these appeals challenging their conviction and sentence under Sec. 302/34 of the Indian Penal Code (IPC) in S.T. No.96 of 2013 (S.T. No.75/09 GDC and S.T. No.33/09 FTC).

(2.) The deceased Sudarshan Pattanaik is a cultivator of village Padmabati under Chhatrapur Police Station. He was also engaged in land business. The appellants were fellow villagers of the deceased and for some reasons relating to land business, they had a pre existing enmity with the deceased and his family members. On 8/7/2006 at around 1.30 P.M. the informant (P.W.8), the son of the deceased received informant from P.W.12 that his father was lying with bleeding injuries on the embankment of the tank, namely Tinigadia Bandha. He immediately rushed there and saw the deceased lying on the Bandha sustaining severe injuries. He was conscious by then and P.W.7 who was a pig heard was also present there. The deceased disclosed that while he was returning on his bicycle, the Appellants Babu Sahu and Babaji Behera, who had concealed their presence near the spot assaulted him by means of swords causing injuries to his person and each of them were armed with sword. Thereafter P.W.8 brought the deceased in an auto rickshaw to the local hospital wherefrom he was taken to MKCG Medical College and Hospital, Berhampur. On reaching at MKCG Hospital at about 5 pm, the doctors declared him dead on examination.

(3.) The F.I.R. (Ext.4) was lodged by P.W.8 at Chhatrapur P.S. on the same day. P.W.13, the then Sub-Inspector of Police took up the investigation. He examined the complainant, visited the spot, held inquest (Ext.1) and sent the dead body for post mortem examination. The investigation continued and different witnesses were examined. Subsequently the investigation was taken up by the I.I.C., Chhatrapur Police Station, another S.I. of Police and ultimately the charge-sheet was filed by the then I.I.C. of Chhatrapur P.S. on 20/1/2008. Both the Appellants being charged for the offence of murder faced the trial by taking the plea of denial.