THUBA SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, from inside the jail, has challenged the judgment of conviction and order of sentence dtd. 21/7/2017 passed by the learned Additional Sessions Judge, Balasore in Sessions Trial No.7/228 of 2015, arising out of C.T Case No.81 of 2015, corresponding to Berhampur P.S. Case No.13 of 2015 of the Court of the learned Sub Divisional Judicial Magistrate (SDJM), Nilgiri.

(2.) Prosecution case is that on 28/2/2015 Surendra Singh (informant-P.W.4) had gone to the house of his brother-in-law at Ghuntibania. When the informant (P.W.4) was there in the house of his brother-in-law, his younger brother, Maheswar Singh came and called him. So after taking the meal in the house of his brother-in-law, both Surendra (Informant-P.W.4) and Maheswar (deceased) returned home. When they were coming, it was night. They were ahead of one another and proceeding on foot holding their bicycles. It is stated that while proceeding when Surendra (Informant-P.W.4) suddenly looked back, he saw the accused and Maheswar (deceased) engaged quarreling with each other. He immediately went there and separated them and went back to his sister's house. It is stated that after some time, he heard sound and when he came out of the house, he saw the accused running away from the spot holding an iron rod in his hand and then his brother Maheswar was lying down with bleeding injury on his face and head. He then called his brother-in-law (P.W.5) and took Maheswar to Berhampur Hospital. Maheswar on the way to Berhampur Hospital succumbed to the injuries. On the next day, Surendra (P.W.4) lodged a written report with the Inspector-in-Charge (IIC), Berhampur Police Station. Receiving the written report from the informant (P.W.4), the IIC (P.W.11) treated the same as FIR and registering the case took up investigation.

(3.) Learned SDJM, Nilgiri on receipt of the Final Form, took cognizance of the offence under Sec. 302 of the IPC and after observing the formalities, committed the case to the Court of Sessions. That is how the Trial commenced by framing the charge for the said offence against the accused.