KARUNAKAR TANDIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant, by preferring this Appeal, has called in question to the judgment of conviction and order of sentence dated 23 rd July, 2012 passed by the learned Additional Sessions Judge, Kuchinda in Sessions Trial Case No.21 of 2010 arising out of G.R. Case No.26 of 2010 corresponding to Kuchinda P.S. Case No.08 of 2010 of the Court of learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Kuchinda. The Appellant (accused) has been convicted for commission of offence U/s 302 of the Indian Penal Code, 1860 (for short, the IPC). For the above conviction, he has been sentenced to undergo imprisonment for life and pay a fine of Rs.10,000.00 (rupees ten thousand) in default to undergo R.I. for one year for the offence U/s 302 of the IPC.

(2.) Prosecution Case:- On 16/1/2010 night, while Dayanidhi Kua of village Purunapali under the jurisdiction of Kuchinda Police Station in the District of Sambalpur was sleeping in his house, it was around 1 a.m., Somanath Magar and Hara Kua came to his house and told that, accused Karunakar Tandia was assaulting his mother Sukanti Kua. So, Dayanidhi Kua came to the house of the Sukanti Kua with Somnath Magar and Hara Kua and found that, the accused was forcibly dragging Sukanti and on seeing them, the accused left the Sukanti in a senseless condition with injuries on her person and fled away. Then, they along with two brothers of the deceased i.e. Mukteswar and Somonath brought the injured Sukanti to her house and when they were about to shift her to the hospital, she breathed her last at about 8:30 a.m. Thereafter, Dayanidhi Kua lodged F.I.R.(Ext.1) before the IIC, Kuchinda Police Station to the above effect. Basing upon such F.I.R.(Ext.1), the IIC, Kuchinda Police Station registered Kuchinda P.S. Case No. 8 of 2010 and directed S.I. (Hilarus Soreng) of that Police Station to take up the investigation of the case.

(3.) During investigation, he (I.O.) examined the informant and witnesses, visited the spot, prepared the spot map (Ext.10). He held inquest over the dead body of the deceased and prepared the inquest report (Ext.3) and then sent the dead body of the deceased for post mortem examination issuing dead body challan. Accordingly, postmortem examination over the dead body of the deceased was conducted and report (Ext.5) to that effect was prepared. He (I.O) seized the incriminating articles under seizure lists, arrested the accused and sent him for medical examination. The blood sample of the accused was collected and then he was forwarded to the Court. He (I.O) sent the seized articles including blood stained wearing apparels of the deceased and accused to R.F.S.L, Sambalpur as per the order of the Court for chemical examination. Then on completion of the investigation, the Final Form was submitted by the I.O. placing the accused to face the trial for the commission of offences U/s 376 and 302 of the IPC, 1860.