DURJAN MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, from inside the jail, has assailed the judgment of conviction and order of sentence dtd. 31/3/2016 passed by the learned Sessions Judge, Phulbani in S.T. Case No.265 of 2012 arising out of G.R Case No. 229 of 2012 corresponding to Tikabali P.S. Case No.65 of 2012 of the Court of the learned Judicial Magistrate First Class (JMFC), G.Udayagiri.

(2.) Prosecution case is that on 24/8/2012 around 4 p.m., the husband of Basanti Majhi (Informant-P.W.1), namely Kartika Majhi when was inside the house, that Biju Pradhan (since acquitted) being armed with thenga, entered in to the house and gave slaps to the deceased. It is further stated that said Biju again gave lathi blows on the back of the deceased for which he fell down. After that also Biju (since acquitted) is said to have given one more lathi blow upon Kartika (deceased). This accused is said to have then appeared at the place of occurrence being armed with an axe and it is said that he inflicted several blows by means of that axe upon the waist, thigh and head of the deceased causing incised wounds. Basanti Majhi, the wife of the deceased (P.W.1) then submitted a written report before the Assistant Sub-Inspector (ASI) of Police in charge of Linepada Police Out Post. The fact was entered into the station diary book maintained in the said Police Out Post and the written report was sent to IIC, Tikabali Police Station for registration of the case. The ASI (P.W.7), while sending the written report to Tikabali Police Station for registration of the regular case took up preliminary investigation at his level. He had examined the complainant and other witnesses. He too had recorded their statements, visited the spot and prepared the spot map (Ext.5). The dead body of the deceased had been sent for post mortem examination. Having held the inquest over the dead body of Kartika in presence of the witnesses, he had prepared the Inquest Report (Ext.1/1). The informant, who happens to be the wife of the deceased (P.W.1) having been found to have been injured, was sent for medical examination by issuing the requisition. He then as directed handed over the investigation to the Sub-Inspector of Police in-charge of Tikabali Police Station along with all the papers prepared. He arrested the accused. One thenga had been seized from the house of Biju @ Bijesh Pradhan (since acquitted). It is stated that this accused Durjan being arrested by giving the statement, took the police and other witnesses to give recovery of the axe which had been kept in the heap of fire wood and that being recovered by accused Durjan was handed over to the I.O which was seized.

(3.) On completion of investigation, the Investigating Officer (P.W.14) submitted the Final Form placing this accused and that Biju @ Bijesh Pradhan to face the trial for commission of offence under Sec. 302 of IPC.