CHANDAN MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the Jail, has assailed the judgment of conviction and order of sentence dtd. 25/2/2020 passed by the learned 2nd Additional Sessions Judge, Bhubaneswar in C.T. Case No.7/44 of 2019, arising out of C.T Case No. 4892 of 2018, corresponding to Airfield P.S. Case No.353 of 2018 of the Court of the learned Sub-Divisional Judicial Magistrate (SDJM), Bhubaneswar.

(2.) On 28/10/2018, around 4.30 p.m. one Pankaj Nayak, who happens to be the daughter-in-law of Abhimanyu Nayak as the informant presented a written report (Ext.7) with the Inspector-in-Charge (IIC) of Airfield Police Station. It is stated therein that on the previous afternoon, around 1 p.m., the accused assaulted Abhimanyu and left him in front of the house in a senseless condition. It has also been stated that when Pankaj (Informant-P.W.10) wanted to call the Police, the accused gave threat to her. She therefore called her husband and other family members and on their arrival, shifted her father-in-law to Capital Hospital, Bhubaneswar. Abhimanyu, being treated in the hospital, was discharged in the evening; but his health condition deteriorated at home which initiated his shifting to the Capital Hospital again. The Doctor in the Hospital at Bhubaneswar after examination at that time, referred the case to the SCB Medical College and Hospital, Cuttack for better treatment. The written report to the above effect being treated by the IIC as the FIR, he registered the case and took up investigation.

(3.) In course of investigation, the Investigating Officer (I.O-P.W.11) examined the informant (P.W.10) and other witnesses. On 29/10/2018, Abhimanyu while undergoing treatment at Cuttack, met his death. Having received the said information, the I.O (P.W.11) seized all the documents of Mangalabag P.S. U.D Case No.1959 of 2018, which had been initiated on receipt of the information of death of Abhimanyu from the Hospital. The accused then being arrested, was forwarded in custody to Court. The dead body was sent for Post Mortem examination. In course of investigation, the wearing apparels of the accused as well as the deceased had been seized. The above seized incriminating articles were then sent for chemical examination through Court. On completion of investigation, Final Form was submitted by the I.O (P.W.11) placing this accused to face the Trial for commission of offence under Sec. 302 of the IPC.