MISRA BAG Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants by filing this Appeal has assailed the judgment of conviction and order of sentence dtd. 19/5/2016 passed by the learned Additional Sessions Judge, Kalahandi-Bhawanipatna in Criminal Trial Case No.04 of 2014 (Sessions)(T) arising out of G.R. Case No.189 of 2013 corresponding to M. Rampur P.S. Case No.85 of 2013. The Appellants (accused persons) thereunder has been convicted for commission of offence under Sec. -302/34 of the Indian Penal Code, 1860 (for short called as the IPC). Accordingly, the Appellants (accused persons) have been sentenced to undergo imprisonment for life and pay fine of Rs.20,000.00 in default to undergo rigorous imprisonment for a period of six (6) months each.

(2.) Prosecution Case:- On 10/8/2013 one Suresh Chandra Bag (Informant-P.W.14) lodged a written report with the Inspector-In-Charge (IIC), M. Rampur Police Station stating therein that his father-Jiriman Bag had gone to his land at Kuliamal to undertake some work in the field and it was around 10 am, two persons namely, Naresh Mallik (P.W.7) and Raju Kumar (P.W.8) saw Jiriman with bleeding injuries coming near the village school. It is stated that being asked by them, Jiriman disclosed that the accused persons namely, Misra Bag and Motisel Bag having assaulted him by means of tangia and rafa had caused those injuries on his person. Jiriman was then shifted to the village Hospital and from there to Kesinga Hospital. It is further stated therein that Suresh (P.W.14) receiving the information had been to Kesinga Hospital and found his father lying with injuries on his head and other parts and he having asked his father Jiriman as to how it so happened was told that when he was working on his land, the accused persons came and assaulted him by means of tangia and rafa.

(3.) The IIC, M. Rampur Police Station who was then campaigning at Kesinga receiving the above written report, sent the same to Police Station for registration of the case and thereafter, having come to know that IIC, Kesinga Police Station had already given the requisition for medical examination of Jiriman, he too received the information that the condition of the Jiriman being serious, the IIC, Kesinga Police Station had issued requisition to the Medical Officer, Kesinga Public Health Centre (PHC) for recording his dying declaration. This IIC, M. Rampur Police Station then proceeded to the PHC and could know that Jiriman had by then had been shifted to District Headquarter Hospital, Bhawanipatna. On receiving the written report (Ext.10), the I.O.(P.W.19) examined the Informant (P.W.14). He having received the information as to the death of Jiriman on account of such injuries in the District Headquarter Hospital, Bhawanipatna, went there and held inquest over the dead body of Jiriman and prepared the report to that effect, Ext.3. He also sent the dead body for postmortem examination and seized the materials which according to him were incriminating. On 12/8/2013, the I.O. (P.W.19) arrested the accused persons, seized their wearing apparels under seizure lists Ext.5 and 6. He then sent those incriminating articles for chemical examination through Court. He also got the statement of P.W.7 and P.W.8 recorded by the Magistrate under Sec. -164 of the Cr.P.C. On completion of investigation, the Final Form was submitted placing these accused persons to face the trial for commission of offence under Sec. -302/34 of the IPC.