ASHOK KUMAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have assailed the judgment of conviction and the order of sentence dtd. 25/1/2012, passed by the learned Additional Sessions Judge, Malkangiri, in Criminal Trial No.93 of 2011, arising out of G.R. Case No.135 of 2011, corresponding to Orkel P.S. Case No.22 of 2011 of the Court of learned Sub-Divisional Judicial Magistrate (SDJM), Malkangiri. The Appellants (accused persons) have been convicted for commission of offence under Sec. 302/34 of the Indian Penal Code, 1860 (in short, 'the IPC'). Accordingly, they have been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 (Rupees Ten Thousand) in default to undergo R.I for one (01) year for the offence under Sec. 302/34 of the IPC.

(2.) Prosecution case:- On 19/4/2011 around 6.30 p.m., one Kiran Khosla (InformantP.W.1) lodged a written report with the Sub-Inspector (S.I) of Orkel Police Station, who in the absence of the Inspector-in-Charge (IIC) of the P.S. was then discharging the duties as such. The said written report was forwarded by the Forest Range Officer, Balimela Forest Range. One Sisir Kumar Khosla, the father of the Informant (P.W.1) working as Forest Guard at Parkanmala forest beat house from around the year 2007. In the night, some unknown persons committed his murder by causing cut injuries on his neck and had thrown his dead body inside the jungle located near Gumma Ghati- Parkanmala. Kiran Khosla (Informant-P.W.1) having received telephonic information on that day around 5 p.m. had gone to the spot and found his father lying dead with injuries on the right side neck and head. The above written information being received, the same was treated as FIR (Ext.1), and case being registered, investigation was taken up.

(3.) In course of investigation, the I.O (P.W.15) examined the informant (P.W.1). He seized blood stained and sample earth and one travel bag lying near the dead body in presence of the witnesses vide Ext.14. He visited the spot and prepared the spot map (Ext.16). On 20/4/2011, he conducted the inquest over the dead body of the deceased in presence of the witnesses and prepared the report to that effect vide Ext.2. He examined the witnesses to the Inquest that he held. The dead body was sent for post mortem examination by issuing necessary requisition. The wearing apparels of the deceased were seized by the I.O. On 21/4/2011 he apprehended both the accused persons and examined them in presence of the witnesses. On the same day, he arrested both the accused persons. He recorded the statement of accused Ashok Kumar Behera under Sec. 27 of the Indian Evidence Act. The accused persons led the I.O (P.W.15) to the place of concealment i.e. near the house of accused Ashok Behera which was seized under the seizure list Ext.3/2. On the same day, accused Mana Khara led the I.O (P.W.15) to the spot near the house of the accused Ashok and gave recovery of the axe which he had kept being covered by dry leaves. He then seized the axe and prepared seizure list vide Ext.4/2. The I.O (P.W.15) then seized the wearing apparels of the accused Ashok Kumar Behera vide Ext.5/2. He also seized the wearing apparels of the accused Mana Khara under seizure list Ext.6/2. He seized three wooden poles from the courtyard of accused Ashok Kumar Behera. On 21/4/2011, he visited the Courtyard of the house of accused Ashok Behera and prepared spot map vide Ext.18. The accused persons were sent to Balimela Hospital for collection of sample blood, nail clippings and saliva. On the same day, he seized the blood samples, nail clippings and saliva of the accused persons. The accused persons were then forwarded in custody to Court. The seized incriminating articles were sent for chemical examination to RFSL, Berhampur through Court. On 23/6/2011, he (P.W.15) handed over the charge of investigation of the case to S.I Sibaram Pujari. On 23/6/2011 on completion of investigation, the second I.O (P.W.16), submitted the Final Form placing the accused persons to face the Trial for committing the murder of Sisir.