FAKU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal at the instance of accused persons involves a challenge to the judgment of conviction and sentence dtd. 16/8/2000 passed by the 1st Addl. Sessions Judge, Puri in Sessions Trial No.14/162 of 1999/1998. Order dtd. 11/3/2004 makes it clear that both appellants have been enlarged on Bail on this date.

(2.) Prosecution story in a nutshell as revealed from the F.I.R. runs as follows :-

(3.) On receipt of the F.I.R. the I.O., P.W.25, Madhaba Chandra Sahu proceeded to the District Headquarters Hospital, Puri and issued injury requisitions in favour of both the deceased Purna Chandra Mahapatra and injured Narasingh alias Babu Pratihari (P.W.11) and both of them were examined by the doctor on Police requisition. The I.O. also recorded the statement of Purna Chandra Mahapatra U/s.161 Cr.P.C. marked as Ext.24. The I.O. thereafter took up investigation and registered the case U/s.341/326/307/324/34 of I.P.C but the deceased later on died at Cuttack while he was undergoing treatment at a Nursing Home. After completion of investigation charge sheet was submitted against both the Appellants under Sec. 302/34 of I.P.C.