KUNA Vs. STATE OF ODISHA

JUDGEMENT

(1.) These appeals are directed against an order dtd. 19/1/2012 passed by the Additional District and Sessions Judge, Fast Track Court, Rourkela in S.T. Case No.115/54 of 2010 convicting each of the Appellants for the offence punishable under Sec. 302/34 IPC and sentencing them to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.3,000.00 each and in default to undergo RI for one month.

(2.) The case of the prosecution is that on 3/5/2012 at around 10 pm the informant Sribatchya Kumar Rout (PW 2) returned from his work and found that in front of his house, one Bharat Bahadur (hereafter the 'deceased')was lying with severe bleeding injuries on his body. On inquiry, the deceased informed him that both the present accused had caused the said injuries. Accordingly, an FIR was lodged at Sector 7 Police Station in Rourkela. Sri Jyotimaya Bhukta (PW 15) who was the Investigating Officer (IO) visited the spot and sent the injured for medical examination. He arrested the accused persons on 6/5/2010 and seized the wearing apparels. From the spot, he seized the sample earth, blood-stained earth and the blood-stained shirt of the deceased.

(3.) During the course of investigation, PW 15 sent a requisition to the Sub-Collector for deputation of an Executive Magistrate for recording dying declaration of the deceased which was then recorded. He sent the weapon of offence for chemical examination and also seized the bed head ticket after seeing the post mortem examination and, therefore, led the charge sheet against the accused, who pleaded not guilty and claimed trial. This is a case based on circumstantial evidence. The prosecution examined eighteen witnesses. No witness was examined for the defence.