BUDHUNI MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since in both the Appeals, the judgment of conviction and order of sentence dtd. 12/8/2016 passed by the learned 2nd Additional Sessions Judge, Baripada, Mayurbhanj in S.T. Case No.290 of 2015 corresponding to G.R. Case No.684 of 2015 on the file of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Baripada, have been called in question, those were heard together for being disposed of by this common judgment. The Appellants (accused persons) thereunder have been convicted for committing the offence under Sec. 302/34 of the Indian Penal Code, 1860 (for short, 8the IPC9). Accordingly, they have been sentenced to undergo imprisonment for life and pay fine of Rs.5,000.00 (Rupees Five Thousand) each in default to undergo rigorous imprisonment for one (1) year for commission of the said offence.

(2.) Prosecution Case:- On 16/6/2015 around 7.30 p.m., one Saban Marandi (P.W.6) presented the written report with the Inspector-in-Charge (IIC) of Baripada Sadar Police Station stating therein that on the previous night, around 8.00 p.m., when he was proceeding to the house of Ramjeet Majhi (P.W.3), who is his brother-in-law at Village-Kendujhari from his own Village-Besharpani after witnessing their community dance, he saw accused persons assaulting his sister-in-law (Bhauja), namely, Mayan Majhi (deceased) on the village road by means of bamboo stick. He further stated that when he went near the spot and intervened, accused Budhuni gave him a blow by means of that bamboo stick which he was holding and thereafter he left the place out of fear. On the next morning, the informant (P.W.6) found the Mayan Majhi (deceased) lying at the spot with bleeding injuries on her head and near the dead body of Mayan, the bamboo stick were lying. So, he called his brother-in-law (P.W.3) and shifted the deceased to the house where she died around 11.30 a.m. Receiving the above report, the IIC treated the same as FIR (Ext.1) and registering the case, took up the investigation.

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.8) examined the Informant (P.W.6) and the person, who scribed the said FIR (Ext.1), i.e., P.W.1. He then proceeded to the village and held inquest over the dead body of the deceased. He prepared the report to that effect (Ext.9/1) and then sent the dead body for post mortem examination by issuing necessary requisition. He also seized incriminating articles under seizure lists. The accused persons were arrested and forwarded in custody to Court. The incriminating articles, seized in course of investigation, were sent for chemical examination through Court. The I.O. (P.W.8) He had also made a query to the Medical Officer, who had conducted the post mortem examination over the dead body of Mayan as regards the possibility of user of the wooden bamboo stick in causing the injuries. On completion of the investigation, the Final Form was submitted placing the accused persons to face the Trial for commission of the offence under Sec. 302/34 of the IPC.