SUDARSAN MOHAKUD Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has challenged the judgment of conviction and order of sentence dtd. 31/3/2022 passed by the learned Additional Sessions Judge, Karanjia, in Sessions Trial Case No.140 of 2013 (17/2017), arising out of G.R. Case No.7 of 2013, corresponding to Mahuldiha P.S. Case No.1 of 2013 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Karanjia.

(2.) Prosecution case is that on 2/1/2013 at about 4 p.m., when Parbati Mohakud (informant-P.W.5), the wife of Krushna Mohakud (deceased), was in the house and her husband Krushna was working in the bari, she heard hullah from outside. Hearing hullah, when she came, she saw that the accused, who is the younger brother of her husband, was quarreling with her husband in connection with their cultivable land. It is said that all of a sudden, in course of quarrel, accused Sudarshan dealt a heavy blow by means of a wooden plank picking it from the threshing floor where it was lying on the waist of Krushna and receiving the blow, he shouted and fell down. It is further stated that when Krushna was lying on the ground, accused dealt fist blows on his chest and pressed his neck. The wife of Krushna i.e P.W.5 and her son P.W.4 rushed to the spot when accused ran away at their sight. They shifted Krushna to their house where after sometime, Krushna breathed his last.

(3.) On the next day, i.e. on 3/1/2013 morning, the wife of the deceased Krushna (Informant- P.W.5) went to the Mahuldiha Police Station with the local Choukidar and lodged a written report. On receiving the said report, the Officer-in-Charge (OIC) of Mahuldiha P.S. treated it as the FIR (Ext.4) and upon registration of the case, took up investigation. The Investigating Officer (I.O-P.W.13) examined the informant and other witnesses. He then visited the spot and prepared the spot map. He also held inquest over the dead body of the deceased, and sent the same for Post Mortem Examination by issuing requisition. Incriminating articles including that wooden plank (M.O.-I) were seized under seizure lists and sent for chemical examination through Court. On completion of investigation, the I.O. (P.W.13) submitted the Final Form placing the accused to face the trial for commission of offence under Sec. 302 of IPC.