SATRUGHANA SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dtd. 18/3/2019 passed by the learned Sessions Judge, Angul in C.T.(S) Case No.150 of 2015 arising out of G.R. Case No.803 of 2015 corresponding to Angul P.S. Case No.294 of 2015 of the Court of learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Angul.

(2.) Prosecution case is that one Chaitanya Behera was in love with the niece of the accused. The accused having come to know about this fact was terribly annoyed and he was in search of the opportunity to take revenge upon the Chaitanya. On 15/6/2015 around 2 pm, accused came to the house of Dayanidhi Behera (P.W.9) with the son of Chaitanya holding Katuri and searched for Chaitanya (P.W.12). When Dayanidhi (P.W.9) came to know of this fact, he informed the matter to his son-in-law, Chandra Mahalik of village Chhendipada. Getting such information from Dayanidhi (P.W.9), Chandra Mahalik proceeded to village Baluakata on a motorcycle with one Sudhanya (P.W.14) in a motorcycle. Sudhanya (P.W.14) drove the motorcycle and Chandra Mahalik (deceased) went as the pillion rider. When they reached Bandhasahi of village Baluakata, accused detained them on the way and suddenly, dealt the blow on the backside neck of Chandra, causing bleeding injury. He then dealt successive blows to Chandra on his back and neck by that Kati (Katuri). When Sudhanya (P.W.14) raised protest, accused rushed towards him to assault and therefore, out of fear, he ran away towards village leaving the motorcycle there at the spot. Hearing the hullah, father-in-law of Chandra and other family members rushed to the spot, Sudhanya (P.W.14) informed the matter to his wife from the mobile phone of a villager. He also requested his wife to inform about the incident to the family members of Chandra Mahalik (deceased).

(3.) The Investigating Officer (I.O.-P.W.21) in course of investigation examined the Informant and other witnesses. He visited the spot and prepared the spot map, Ext.13. He also seized the blood stained and sample earth from the spot under the seizure list, Ext.3. He too held inquest over the dead body of the deceased and prepared the report, Ext. 2 and the dead body was then sent for postmortem examination by issuing necessary requisition. Wearing apparels of the deceased were seized on production under the seizure list, Ext.4. The accused was apprehended and his statement was recorded. Pursuant to the said statement, he led the police and other witnesses for giving recovery of that blood stained Katuri from the place where it had been kept, which was then seized under Ext.11/2. The motorcycle which was lying at the spot was seized and giveen in zima of P.W.15 (Pintu Mahalik). The incriminating articles were also sent for chemical examination to State Forensic Science Laboratory, Rasulgah, Bhubaneswar through Court and the report thereof, Ext. 15 was obtained. On completion of investigation, the I.O. (P.W.21) submitted Final Form, placing the accused to face the Trial for commission of the offence under Sec. -302 of the IPC.