SAHADEV MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and the order of sentence dtd. 31/1/2020 passed by the learned Additional Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna, Kalahandi in C.T. Case No.58/02 of 2018 (Sessions), arising out of C.T Case No.376 of 2018, corresponding to Lanjigarh P.S. Case No.25 of 2018 of the Court of learned Sub Divisional Judicial Magistrate (SDJM), Bhawanipatna. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302 of Indian Penal Code, 1860 (in short, 'the IPC') and Sec. 27 of the Arms Act and he has been sentenced to undergo imprisonment for life and pay fine of Rs.2000.00(Rupees Two Thousand), in default to undergo Rigorous Imprisonment for 6 (six) months for the offence under Sec. 302 of the IPC and Rigorous Imprisonment for three (03) years and fine of Rs.1000.00(Rupees One Thousand) in default to undergo further Rigorous Imprisonment for three (03) months for the offence under Sec. 27 of Arms Act. Prosecution case:-

(2.) On 4/6/2018 one Arma Haldar, wife of late Mrunal Haldar of village Basantpada lodged a written report (Ext.3) scribed by one Bhusana Mali (P.W.8) as per her instruction with the Inspector-in-Charge (IIC) of Lanjigarh Police Station. It was stated that on the previous evening, around 7 p.m., when she with others were in the house, they heard hullah near Dharani Shala (place of worship of the village Deity) and therefore coming out of the house, they proceeded in that direction. It is stated that then she saw accused Sahadev to have pierced a knife on the chest of her husband and when she shouted, the accused took to his heels. Receiving the injury on the chest by means of knife, Mrunal died at the spot. The IIC, having received the written report as above (Ext.3), treated the same as FIR and upon registration of the case, took up investigation. The Investigating Officer (I.O-P.W.23) in course of investigation, examined the Informant and other witnesses. He then proceeded to the village and visited the spot. He also prepared a spot map (Ext.15) to that effect. In the village, he examined other witnesses and with the help of the members of the scientific team, incriminating articles being collected, those were seized under seizure lists. The dead body was sent for post mortem examination. The wearing apparels of the deceased were seized. On 7/6/2018, the accused was arrested from his house and on his production in presence of witnesses, his wearing apparels were seized under seizure list (Ext.12). The accused was also sent for medical examination. The incriminating articles were sent for chemical examination through Court. On completion of investigation, the Investigating Officer (P.W.23) submitted the Final Form placing this accused to face the Trial for committing offence under Sec. 302 of the IPC and Sec. 27 of the Arms Act.

(3.) Learned SDJM, Bhawanipatna receiving the Final Form as above, took cognizance of the offence and after observing the formalities committed the case to the Court of Sessions. That is how the Trial commenced by framing charge against the said offences against the accused.