BAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 is directed against a judgment of conviction and sentence dated 25th day of September, 2017 passed in Crl. Trial No.29 of 2011 by the learned Additional Sessions Judge, Bhubaneswar, whereby the Accused-Appellant has been found guilty of offence under Ss. 302/394 of Indian Penal Code (in short the 'I.P.C.') and accordingly he has been sentenced to undergo imprisonment for life with payment of fine of Rs.5,000.00(Rupees five thousand) only in default to undergo R.I. for six months for the offence U/s.302 of I.P.C. Further sentence to undergo R.I. for 10 years with payment of fine of Rs.3,000.00(Rupees three thousand) only in default to undergo R.I. for six months for the offence u/s.394 of I.P.C. Both the sentences shall run concurrently.

(2.) The prosecution case, in brief, is that on 31/8/2010, a written FIR was lodged before the ASI of Khandagiri P.S. against an unknown accused person. In the FIR, it is stated by the informant that on 31/8/2010 at about 9.30 A.M. while he was working as ASI of Khandagiri P.S., he along with Havildar Bharat Ch. Mallick were performing patrolling duty and during such patrolling, he got information from the police station that a dead body was lying near Bhaiji Restaurant, Patrapada. The informant immediately took the help of the local police and searched the nearby places and could find that the dead body of a male person was lying in the Patasbania bushy jungle, Patrapada. Upon a close inspection, he found several injuries on the body of the deceased. Two stone pieces stained with blood were lying at a nearby place. One gamucha (towel) was tied around his neck. The informant suspected murder of the deceased. As such, directed Havildar Bharat Ch. Mallick to guard the place and came back to police station and lodged a written FIR before the Inspector-in-Charge, Khandagiri P.S.

(3.) Basing on the aforesaid preliminary information, Khandagiri P.S. case No.313 of 2010 was registered. One A.K. Sethi, S.I. of Police took up investigation of the case. During investigation, the I.O. visited the place of occurrence, seized incriminating materials lying near the spot conducted inquest over the dead body of the deceased, took photograph of the same, sent the dead body for post mortem examination under dead body challan and completed all other formalities. One Purna Ch. Naik, the cousin brother of deceased identified the dead body from the photograph taken by the I.O. During investigation, it is alleged that while the appellant was in police custody, he confessed to have committed murder of the deceased for the auto rickshaw and laid the I.O. and the witnesses to the place of concealment of auto rickshaw, mobile phone, identity card of the deceased and his wearing apparels. On recovery of such articles, the I.O. seized the same and the seized articles were sent for chemical examination.