BIRANCHI HATI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the the judgment of conviction and order of sentence dtd. 3/2/2014 passed by the learned Additional Sessions Judge, Patnagarh, in Sessions Case No.58/22/16 of 2011-13 arising out of G.R. Case No.09 of 1998 corresponding to Patnagarh P.S. Case No.04 of 1998 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Patnagarh. The Appellant (accused) thereunder has been convicted for committing the offences under Sec. 341/324/302/34 of the Indian Penal Code, 1860 (for short, 'the IPC'). Accordingly, he has been sentenced to undergo simple imprisonment for a period of one (1) month for commission of the offence under Sec. 341 of the IPC, rigorous imprisonment for a period of one (1) year and pay fine of Rs.1000.00 (Rupees One Thousand) in default to undergo rigorous imprisonment for a period of two (2) months for commission of the offence under Sec. 324 of the IPC; and imprisonment for life and fine of Rs.10,000.00 (Rupees Ten Thousand) in default to undergo rigorous imprisonment for six (6) months for commission of the offence under Sec. 302/34 of the IPC with direction that the substantive sentences would run concurrently.

(2.) PROSECUTION CASE:- On 11/1/1998 evening, this accused (Biranchi Hati) with other accused, namely, Birasen Mahakud, who having absconded, was not on Trial, demanded money from one Debaraj Chhatar (P.W.5), who is the elder brother of Narayan Chhatar (informant-P.W.6) for purchasing liquor. When he refused to accede to their demand, quarrel between them ensued. It was stated that at that time, Narayan (informant-P.W.6), with his borther-in-law Rama Chandra Thela arrived at the spot. They when tried to dissuade the accused persons, the accused persons, in turn, quarreled with them. At that time, villagers intervened and separated them. Thereafter, Narayan (informant-P.W.6) and Rama Chandra Thela went home and, therefore, on their proceeded to the bus stop at Larambha in order to receive the father-in-law of the informant (P.W.6). When none of the family members came to alight at the Bus stop as per schedule by 8.00 p.m., they were returning to their village. At the outskirt of their village, at a place, locally known as Bhimtikra, this accused with the other one, namely, Birasen are said to have obstructed them being armed with Bhujali. The informant (P.w.6) and Rama Chandra got down from their cycles and then this accused attempted to inflict injury upon the informant (P.W.6) by means of a Bhujali, aiming at his head. The informant (P.W.6) when raised his right hand to ward off the blow, he received the injuries on his palm. Then, he tried to snatch away the Bhujali from the accused for which a scuffle between the two ensued. It was further stated that the accused, in the process, had pressed his neck but with much difficulty, he managed to extricate himself and being able to snatch away the Bhujali from the accused, ran towards the village. At that time, he saw that other accused Birasen Mahakud (not tried) holding Narayan (informant-P.W.6), who was then shouting 'Marigali Marigali'. Informant (P.W.6) informed about the incident to the villagers, who came to the spot and saw Rama Chandra Thela lying dead in pool of blood having sustained cut injuries on his neck and other parts of his body. In the night, Narayan (P.W.6) lodged a written report with the Assistant Sub-Inspector of Police (A.S.I.) in charge of Larambha Police Outpost. The A.S.I. of Police immediately entered the siad fact in the Station Diary Book maintained at the Police Outpost and took up the preliminary investigation. He visited the post, prepared the spot map, examined the witnesses including the informant (P.W.6). He too held inquest over the dead body of Rama Chandra in presence of witnesses and prepared the report (Ext.1) to that effect. He simultaneously forwarded the written report to the Officer-in-Charge (OIC) of the Patnagarh Police Station (P.S.) for registration of the case and needful action in that regard. The O.I.C. (P.W.8) having treated the written report as FIR (Ext.8), registered the case and took up investigation. He re-examined the injured informant (P.W.6) and other witnesses, seized wearing apparels of the deceased and two cycles lying at the spot. He also seized the Bhujali on production by the informant (P.W.6). The dead body of the deceased was sent for post mortem examination by issuing necessary requisition. The seized incriminating articles were sent for chemical examination through Court. On transfer of this Investigating Officer (I.O.-P.W.8), his successor in office took the charge of the investigation and submitted the Final Form showing this accused and the other one absconders and making the prayer for issuance of non-bailable warrants of arrest against this accused and the other one, namely, Birasen placing them to face the Trial for commission of the offence under Sec. 341/302/34 of the IPC.

(3.) Learned S.D.J.M., Patnagarh, on receipt of the Final Form, took cognizance of the said offences and after observing the formalities, by splitting up the case, committed the case in respect of this accused to the Court of Sessions for Trial since that other accused, Birasen could not be apprehended. That is how the Trial commenced by framing the charge for the aforesaid offences against the accused and four others.