SURESH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by the convict impugns the judgment of conviction and order of sentence passed on 6/11/2015 by learned Additional Sessions Judge, Jajpur in C.T. No. 321 of 2013 convicting the appellant for offence U/Ss. 302/506 of IPC and sentencing him to undergo rigorous imprisonment for life with fine of Rs.50,000.00 (Rupees Fifty Thousand) in default where of, to undergo Rigorous Imprisonment for two years for offence U/S. 302 of IPC and to undergo Rigorous Imprisonment for two years for offence U/S. 506 of IPC with direction for running of substantive sentences concurrently. The learned trial Court by the aforesaid judgment has acquitted co-accused Laxmidhar Sahoo @ Nandu for all the offences and the appellant for offence U/Ss. 341/294 of IPC.

(2.) An overview of facts in precise are that on 13/12/2012 at about 4 P.M. in the afternoon Gouranga Sahoo(hereinafter referred to as the "deceased") finding the appellant riding a motor cycle at a high speed on village road had advised the later to ride bike slowly resulting in a brawl between them till intervention of village gentries and the convict and his associate accordingly retreated by giving serious threat to the deceased. In the evening, while the deceased had been to Mala Anandapur to see Uttereswar Jatra, at about 7 to 7.30 P.M., the appellant came from behind and stabbed on the neck of deceased by means of a knife near the sweet stall of Jagannath Behera resulting in the death of the deceased, but subsequently declared dead at hospital. On this incident, on the same day at about 11.30 P.M. in the night P.W.11-Dhoi Sahoo lodged an FIR(Ext.4) against five persons including the appellant and Laxmidhar Sahoo before the IIC Jajpur Sadar Police Station who registered P.S. Case No. 146 of 2012 for offence U/Ss. 341/294/506/302/109/34 of IPC and directed SI of Police P.W.19-A.K.Swain to investigate the matter. P.W.19 accordingly conducted investigation by holding inquest and getting autopsy done on the dead body as well as examined the witnesses, arrested the appellant & forwarded him to Court, seized the weapon of offence sent it to RFSL for chemical examination and accordingly chemical examination report under Ext.13 was obtained. On conclusion of investigation, P.W.19 submitted charge sheet against the appellant and Laxmidhar Sahoo @ Nandu resulting in trial in the present case after denial of charge by them.

(3.) In support of the charge, the prosecution has examined altogether 19 witnesses and relied upon 13 documents vide Exts. 1 to 13 as against no evidence whatsoever by the defence. Of the witnesses examined, P.W.11 is the informant, PWs.1, 5, 10, 12 and 17 are witnesses to the first occurrence on village road, whereas PWs.2, 3, 4, 6, 8, 13, 14 and 16 were the witnesses to the second occurrence of murder of the deceased. PW.18 is the doctor and PW19 is the IO. In the course of trial, the plea of the appellant was denial simpliciter and false implication.