SANTOSH @ KHUDI MINZ Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction dtd. 17/8/2016 and order of sentence dtd. 19/8/2016 passed by learned Sessions Judge, Sundargarh in S.T. No.115 of 2014. Both the appellants were tried under Sec. -302 read with Sec. -34 of the Indian Penal Code ( "IPC " for short) and each of them were sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000.00 (Rupees ten thousand) in default, to suffer further R.I. for two years.

(2.) The occurrence happened on 5/5/2014. P.W.6, who happens to be the cousin brother of the deceased, is the informant. Stated succinctly, the prosecution case runs as follows:-

(3.) The prosecution has examined twenty witnesses to prove the charge against the appellants during trial of the case and number of documents vide Ext.1 to 13 have been marked on behalf of the prosecution. P.W.6 is the informant, P.W.7 is the father of the deceased. P.W.8 is mother of the deceased. P.W.3, being a witness to inquest, is asserted to be the adjoining neighbor to the appellants and father of the deceased. Besides P.W.3, P.Ws.4 and 9 are post-occurrence witnesses and adjoining neighbor of the appellants. P.Ws.1, 2 and 3 are witnesses to inquest over the dead body of the deceased. P.W.5 is an independent post-occurrence witness. P.W.9 is the local councilor and an adjoining neighbor of the appellants. P.Ws. 10, 11, 12, 14 and 17 are witnesses to different incriminating seizure. P.Ws.13 and 15 are witnesses to confessional statement of appellant No.1-Santosh @ Khudi Minz before the I.O., which was recorded U/S.27 of the Evidence Act and consequent recovery of the weapons of offence, i.e., one axe with a wooden handle and one wooden stick, which are asserted to have been blood stained. P.W.16 is the then Scientific Officer of D.F.S.L., Sundargarh, who on 5/5/2014, visited the crime scene and collected incriminating materials. P.W.18 is the Investigating Officer, P.W.19 is the Medical Officer, who conducted autopsy over the dead body of the deceased, P.W.20 is the employer of appellant No.1-Santosh @ Khudi Minz, who has been examined to testify that, on the date of occurrence, appellant No.1 was on his duty as a driver.