RAJU SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and the order of sentence dtd. 12/1/2023 passed by the learned 1st Additional Sessions Judge, Baripada in S.T. Case No.113 of 2021, arising out of C.T Case No.716 of 2020, corresponding to Baisinga P.S. Case No.291 of 2020 of the Court of learned Judicial Magistrate First Class (JMFC), Betnoti. The Appellant (accused) and his brother namely, Laba, having faced the trial for committing the murder of one Ramesh Singh in intentionally causing his death; they have been convicted for commission of offence under Sec. 302/34 of the Indian Penal Code, 1860 (in short, 'IPC') and sentenced to undergo imprisonment for life and pay a fine of Rs.5000.00 (Rupees Five Thousand) in default to undergo rigorous imprisonment for six (06) months. Prosecution case:-

(2.) On 7/12/2020 around 9.30 pm, one Sanjukta Singh (Informant-P.W.1) submitted a written report (Ext.1) with the Inspector-in-Charge of Baisinga Police Station stating therein that on the eve of Prathamastami, her father namely, Ramesh Singh had come to her house to deliver the new dress for her daughter. Ramesh, having delivered the dress at her house, went to her elder daughter's house, situated nearby, and it was around 3 p.m. After sometime, on hearing the cry, Sanjukta (Informant- P.W.1) and her husband (P.W.2) rushed towards the house of the elder sister of Sanjukta. They on arrival, saw that this accused, who is the brother-in-law of Sanjukta (Sanjukta's sister's husband) and his other brothers namely, Raju, Laba, their parents, uncle and two sons of Laba had put her father down on the floor and then, this accused, Raju was cutting the neck of her father by means of a sickle when his father, Gana had pressed the head of her father with force and others had pressed his legs. It is further started that when Sanjukta (Informant-P.W.1) raised hullah, Laba pushed her and Atul gave kick to her husband and ran away. They brought Ramesh from that house in a bleeding condition with an intention to shift him to Hospital. They then saw the hands of Ramesh to have been tied with face too rounded with a napkin when the napkin was released from the face of Ramesh, he was found to be dead by then. Receiving the above report from the Informant (P.W.1), the IIC treated the same as FIR and registering the case, directed one Sub-Inspector (SI) of Police (P.W.16) to take up investigation. The I.O (P.W.16) in course of investigation examined the Informant (P.W.1) and other witnesses. He then visited the spot and there also he examined few other witnesses. At the spot, conducting inquest over the dead body, he prepared the report (Ext.2). This accused as well as Laba, being arrested by the I.O (P.W.16), it is said that this accused giving his statement had led the I.O (P.W.16) and others to the place in giving recovery of the sickle. The incriminating articles including the wearing apparels of the deceased and those of this accused and the other namely, Laba, being seized in course of investigation had been sent for chemical examination through Court.

(3.) On completion of investigation, the I.O (P.W.16) submitted the Final Form placing the accused to face the Trial for commission of offence under sec. 302/34 of the IPC.