CHANDRA GURU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants having faced trial in the offence under Sec. 302/34 of the Indian Penal Code (herein after in short called 'IPC') found guilty and convicted there under and sentenced to undergo Imprisonment for life and to pay fine of Rs.10,000.00 (Rupees Ten Thousand), in default, to undergo R.I. for two years more.

(2.) The case of the prosecution as reveals from the F.I.R. and the case record is that, on 4/3/2007 one Manu Naik (P.W.1), son of Madan Naik of village Baidyanathpur under Baunsuni P.S. in the district of Boudh lodged a written report alleging that in the afternoon on that very day while he was returning to his home after taking bath in the village pond, his sister-in-law namely Rajani Naik (P.W.2), wife of Nila Naik (the deceased) informed that at about 4:00 PM in the afternoon, while his brother (deceased) being the son of his maternal uncle had been to the house of the Appellants Chandra Guru and Jarasingh Guru asking for return of the sum of Rs.500.00 (Rupees Five Hundred) borrowed by them, they got furious and entered into quarrel with the deceased. Thereafter, while the deceased was returning to his home, on the paddy field of Raju Panda, Appellant No.1 - Chandra Guru dealt a blow to his belly by means of a stick, whereupon the deceased fell down on the ground. Seeing this, Appellant No.2 - Jarasingh Guru dealt blows to the deceased by means of 'tangia' (axe) and severed his neck from his body, for which the deceased died at the spot. Seeing the incident, P.W.2 got frightened and raised outcry that the deceased has been hacked to death and she ran towards the house being fear of life. On being informed so, P.W.1 proceeded to the spot and saw the deceased lying dead and his neck found severed from the body by means of a sharp weapon. The villagers, namely Balabhadra Naik (P.W.7), Srikanta Naik (P.W.3) and Ranka Behera also witnessed the incident. As the report revealed a cognizable offence, the O.I.C. Baunsuni P.S. registered the same vide Baunsuni P.S. Case No.22 of 2007 and took up investigation.

(3.) In course of the investigation, the I.O. examined the complainant; deputed a Constable to guard the spot; issued Command Certificate to that effect; sent requisition to the photographer to take the photograph of the dead body along with the spot; and examined other witnesses. On 5/3/2007 he went to the spot; prepared the Spot Map under Ext.14; seized the sample earth and blood stain earth and one split wooden lathi stained with blood in presence of the witnesses under Ext.15; held inquest over the dead body of the deceased with the severed head, without head and the severed head jointly with the body under Exts. 2, 3 and 4. The I.O then dispatched the severed body and head to the District Headquarters Hospital Boudh for post mortem examination and issued Dead Body Challan to that effect under Ext.6; arrested the accused persons Jarasingh Guru and Chandra Guru. While in police custody, as accused Jarasingh Guru volunteered to confess the guilt and disclosed the place of concealment of the weapon of offence at Dungi Bandha (tank) in presence of witnesses, he reduced the statement of Jarasingh in writing in presence of the witnesses under Ext.15, as required under Sec. 27 of the Evidence Act. On being led to the police and the witnesses, the accused brought out the axe from the under-water of Dungi Bandha, which he seized in presence of witnesses under Ext.17; kept the axe (M.O.-I) with paper seal; seized the lathi and black check colour lungi suspected to have been stained with blood on production by the accused Chandra, who expressed to have worn at the time of committing murder of the deceased so also one jacket of accused Chandra suspected to have stained with blood under Ext.8; seized one chocolate colour check lungi and one green colour full-neck banian under Ext.9 suspected to have stained with blood worn by accused Jarasingh at the time of commission of offence; sent the requisition for medical examination of accused Chandra Guru who sustained injury on his person as well as for collection of his nail clipping and scrapping of the accused Chandra under Ext.18; seized the said nail clipping and scrapping under Ext.19; seized the wearing apparels of the deceased under Ext.7; re-examined the complainant; forwarded the accused persons to the court; received the Post-Mortem Report and made query to the doctor relating to the probable cause of death by the weapon of offence. On 15/5/2007 the I.O.dispatched the seized incriminating articles to the SFSL, Bhubaneswar through the SDJM, Boudh and obtained the Chemical Examination Report under Ext.21; seized the photograph under Ext.22; arrested the accused Maniratha on 16/6/2007 and forwarded him to the court on 29/6/2007; received the Injury Report in respect of Chandra Guru under Ext.23 and on completion of the investigation, submitted the Charge-Sheet.