HADU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal, by the convict (from Jail), arises from the Judgment and order dtd. 16/9/2016 delivered in C.T. No. 130 of 2013(T) by the Addl. Sessions Judge, Nabarangpur. By the said Judgment, the convict (hereinafter referred to as the appellant) has been convicted under Sec. 302 of the IPC for intentionally causing death of Deusu Gond by inflicting injuries on his head by means of Cudgel. Pursuant to the said Judgment of conviction, the appellant has been sentenced to suffer imprisonment for life with fine of Rs.10,000.00(Rupees ten thousand) in default whereof, to undergo further R.I. for one year for committing the offence punishable under Sec. 302 of the IPC.

(2.) Briefly stated the prosecution case, as revealed, is that on 28/3/2013 at about 4.30 in the afternoon, when Deusu Gond (the deceased) was proceeding through the village road, the appellant picked up quarrel with him in front of the house of one Aditya Gond. There had been heated exchange of words between the deceased and the appellant. All of a sudden, the appellant, being enraged brought out a wooden stilt from a nearby fence and started giving blows indiscriminately on the person of the deceased. The deceased fell down on the ground with bleeding injuries on his head and other parts of the body and became unconscious. The people, who were present at the place of occurrence during that time, shifted the injured deceased to the house of the appellant and the appellant was asked to take the injured deceased for medical treatment. During that time, the informant, namely Pradeep Gond (P.W.5) appeared there and on hearing the incident, he shifted the injured deceased to Jodanga Medical, where the injured deceased was given preliminary treatment. The Medical Officer at Jodinga Medical had referred the injured deceased to Umerkote Medical for better treatment. But the deceased succumbed to his injuries before he could be shifted to Umerkote Medical. On the following day at 10.30 A.M., an FIR was lodged, which was registered as Raighar PS Case No.47/2020. It has revealed from the records that the Investigating Officer visited the spot, examined several witnesses, seized blood stained earth and sample earth from the spot. The Investigating Officer had also seized the weapon of offence i.e. the blood stained wooden stilt from the spot and held inquest over the dead body of the deceased. The Investigating Officer had arrested the accused, sent the dead body for post mortem examination, seized the blood stained wearing pant of the appellant and seized the apparels in the wearing of the deceased. That apart, the Investigating Officer got the appellant medially examined and seized biological samples, as collected by the Medical Officer. The Investigating Officer received the Post Mortem report. The seized weapon of offence was produced before the Medical Officer, who conducted autopsy. On completion of the Post Mortem examination, the materials as seized were sent to the Regional Forensic Science Laboratory (RFSL), Berhampur for clinical examination and report. After the investigation was complete, the investigating officer found a strong prima facie case and filed the charge sheet (the report under Sec. 173(2) of the Cr. P.C).

(3.) Having taken the cognizance, on 6/8/2013, the charge was framed against the appellant for causing murder of Deusu Gond, the deceased, under Sec. 302 of the IPC. The said charge was flatly denied by the appellant.