RUDRA CHARAN NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal has challenged the judgment of conviction and order of sentence dtd. 4/11/2011 passed by the learned Additional Sessions Judge (Fast Track Court), Rourkela, Camp at Bonai in Sessions Trial Case No.42/07 of 2010 arising out of Bonai P.S. Case No.103 of 2009 corresponding to G.R. Case No.561 of 2009 of the Court of learned Sub-Divisional Judicial Magistrate, (S.D.J.M.), Bonai.

(2.) Prosecution case is that sometime in the month of April-May, 2009, the accused had permitted Raju Rohidas to operate his stone quarry on payment of a sum of Rs.250.00 and Raju Rohidas has paid a sum of Rs.50.00 for the same, promising the balance to be paid later. Since, said Raju Rohidas did not pay the balance amount, the accused was annoyed with him and was in search of an opportune moment to take the revenge. On 5/11/2005, getting the opportunity, the accused is said to have assaulted Raju Rohidas by Farsa. Receiving said injury, Raju Rohidas fell down on the ground and met his death at the spot. Tikeswar Rohidas, Informant (P.W.1) then lodged a written report with the Inspector-in-Charge, Bonai Police Station. Receiving the said written report, the IIC treated the same as the FIR (Ext.1) and registering the case, took up the investigation.

(3.) The Investigating Officer (I.O.-P.W.12), having examined the informant (P.W.1) and other witnesses, visited the spot, prepared the spot map (Ext.11), held inquest over the dead body of the deceased in presence of the witnesses and prepared the report to that effect (Ext.2). The dead body of the deceased was the sent for postmortem examination by issuing necessary requisition. The I.O. (P.W.12) arrested the accused. While the accused was in custody is stated to have kept the Farsa in a place known to him and so saying he led the police and other witnesses to the place and gave recovery of the Farsa in presence of the witnesses. The I.O. (P.W.12) had recorded the statement of the accused (Ext.5). The wearing apparels of the accused and the deceased were seized under seizure lists which are marked as (Ext.8) and Ext.10. Further the I.O.(P.W.12) collected the sample blood of accused and seized his nail clippings. On completion of the investigation, the I.O. (P.W.12) submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.