PRATAP MALIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal, by the convict (hereinafter referred to as the 'appellant') is directed against the judgment and order of conviction and sentence dtd. 23/12/2013 delivered in C.T.(Sessions) No.346 of 2011, arising from G.R. Case No.340 of 2011.

(2.) By the said judgment dtd. 23/12/2013, the appellant has been convicted for committing the offence punishable under Ss. -302/506/201 of the IPC and consequent thereupon, he has been sentenced to suffer imprisonment for life and to pay fine of Rs.15,000.00(Rupees fifteen thousand) for committing the offence punishable under Sec. 302 of the IPC with default imprisonment. The appellant has been further sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.5,000.00 (Rupees five thousand) with default imprisonment for committing the offence punishable under Sec. -506 of the IPC and further, he has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.10,000.00 (Rupees ten thousand) with default imprisonment for committing the offence punishable under Sec. 201 of the IPC. It has also been stated that the substantive sentences shall run concurrently and the period of detention already undergone by the appellant shall be set off against the sentences of imprisonment in terms of Sec. -428 of the Cr.P.C. In addition, it has been directed that a sum of Rs.20,000.00 (Rupees twenty thousand) out of the fine, if realized, be paid to the informant, namely Chitrasen Malik (P.W.1) as compensation under Sec. -327 of the Cr.P.C. for death of his father.

(3.) Briefly stated, the prosecution case is that the father of P.W.1 (the informant) went to the house of the appellant to pacify him as a quarrel broke out between his son (P.W.1) and the appellant, when the appellant threatened to kill the informant. The father of P.W.1 went to tender apology. During that time, at about 7 P.M. in the evening, the appellant killed the father of P.W.1 by pressing his neck with the help of ODHANI and the father of P.W.1 succumbed to death. Thereafter, the appellant left the body of the father (P.W.1) to a distance of 50 ft. and threw away the dead body by the side of a cabin and absconded from his house with his family. The informant, having seen the dead body of his father near the cabin, could understand that the appellant, out of anger had killed his father. He had informed the Police Station. Based on the said information, a specific Police case was registered and the investigation was taken up. On completion of the investigation, final report under Sec. -173(2) of the Cr.P.C. was filed against the appellant for committing the offence punishable under Ss. -506/302/201 of the IPC. He was put to trial after framing the charge, which the appellant denied.