HEMANTA KUMAR BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by preferring this Appeal has called in question to the judgment of conviction and order of sentence dtd. 29/5/2015 passed by the learned Additional Sessions Judge, Nayagarh in Sessions Trial Case No.44 of 19 of 2014 arising out of G.R. Case No.170 of 2013 corresponding to Khandapara P.S. Case No.91 of 2013 of the Court of learned Judicial Magistrate, Khandapara.

(2.) Prosecution case:-

(3.) During investigation, he (I.O.) found some blood patches at Sunamuhin project embankment and prepared the spot map (Ext.22). On that day at about 5:00 p.m. and sent ASI K. Swain of Khandapara P.S. to bring the accused from Jankia Police Station to Khandapara P.S. and accordingly, the accused was brought from Jankia P.S. to Khandapara P.S. He (I.O.) arrested the accused and seized one Hero Honda Motorcycle of the accused along with one green colour napkin stained with blood from the dickey of that motorcycle and one Micromax mobile phone from the accused through seizure list (Ext.10). He (I.O.) arrested another accused i.e. Rajib Samantray and seized one mobile phone through seizure list (Ext.5), seized one pair of chappal from a bush near the spot i.e. near Sunamuhin project embankment through seizure list (Ext.24). On 13/8/2013, on the basis of statement of accused, he (I.O.) came to know that, he had love affairs with a girl (name not indicated), but subsequent thereto the deceased also fell in love with the same girl, for which, out of anger, he (accused) has killed him (deceased). So, he (I.O.) arrested him (accused) and recorded his disclosure statements (Ext.14), and on the basis of such disclosure statements of the accused, he (I.O.) recovered the trunk (headless dead body) of the deceased from a paddy field of one Bharat Naik of village Barapali having small bushes thereon at the instance of the accused and also found the head of the deceased at the instance of the accused in an another place i.e. in a nearby area of a school, forwarded the above accused persons to the Court. He (I.O.) held inquest over the headless dead body and as well as head of the deceased and prepared separate inquest reports (Exts.11 &12). He (I.O.) sent the headless dead body and as well as head of the deceased through dead body challan (Ext.28) for postmortem examination and took step for the recovery of the weapon of offence i.e. Katuri and one mobile phone of the deceased, those were thrown by the accused into the water of Sunamuhin project by engaging Odraf team and recovered the weapon of offence i.e katuri and seized the same through seizure list (Ext.15), but mobile phone of the deceased could not be traced out from the water. Thereafter, he (I.O.) forwarded the accused along with his co-accused Raj Kumar Samantray to the Court. He (I.O.) seized the wearing apparels of the deceased through seizure list (Ext.8), seized some ashes along with some half burnt pieces of clothes from the back side of the house of the accused through seizure list (Ext.9), prepared the maps of the different spots (Exts.30, 31 and 32) from where, the headless body of the deceased, the head of the deceased were found, seized the Station Diary Entry No.113 dtd. 11/8/2013 of Khandapara fire station (Ext.2), released the same in the zima by executing zimanama (Ext.3), made a query from the doctor, (who had conducted autopsy over the dead body of the deceased) and obtained the query report (Ext.18) and also obtained the call detail reports of the mobile phones (Exts.41, 41, 41 and 44), seized the identity card of the deceased issued by Chief Fire Officer through seizure list (Ext.16), released the same in the zima of the father of the deceased (Ext.45). Then he (I.O.) as per the order of learned Judicial Magistrate of First Class, Khandapara dispatched the seized articles to S.F.S.L, Rasulgarh, Bhubaneswar for chemical examination and report and obtained the chemical examination report (Ext.47) and also obtained a report (Ext.49) from the Authority of the accused regarding his leave from the office on the date of the incident.