PAGAL PANDAB Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has impeached the judgment of conviction and order of sentence dtd. 12/7/2016 passed by the learned Additional Sessions Judge, Dhenkanal in C.T.(SS) Case No.36 of 2011 arising out of G.R. Case No.1035 of 2010 corresponding to Nihalprasad P.S. Case No.43 of 2010 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Dhenkanal.

(2.) Prosecution case is that on 10/10/2010 around 11 a.m., the accused who is a resident of village Chadakamara assaulted one Lalu @ Ranjit Sahoo by means of a drilling rod on his head and other parts of his body causing bleeding injuries. It is stated that the accused did so as he was having the dispute with Lalu @ Ranjit Sahoo in relation to the stone quarry. The Inspector-in-Charge (I.I.C.) Nihalprasad Police Station on that day around 11.30 a.m. received the telephone message from one person identifying himself as the Sarpanch that the accused severely assaulted Lalu @ Ranjit Sahoo who having been shifted to the S.C.B. Medical College and Hospital, Cuttack had died. One Susanta Pradhan (P.W.4) the then Supervisor of the stone quarry of Lalu @ Ranjit Sahoo lodged a written report with the I.I.C., Nihalprasad Police Station. Receiving the said report, the I.I.C. treated the same as F.I.R. and registering the case took up investigation.

(3.) Learned S.D.J.M., Dhenkanal, having receipt the Final Form as above took cognizance of the said offences and after observing the formalities committed the case to the Court of Sessions for trial. That is how the trial commenced by framing the charges for the said offences against this accused person.