NIVAS MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE case at hand is an example of a perfunctory investigation and pandour prosecution giving benefit to the accused inasmuch as after hearing the parties at length and scanning the evidence, we feel that the accused is entitled to the benefit of doubt and order of acquittal for the offence under Section 302, IPC, though dead body of the deceased was recovered from his possession after allegedly they were last seen in the preceding night i.e., in the of occurrence. In that respect we set forth the reason as noted hereinafter.

(2.) FACTS which are not in dispute may be noted at the outset. Minaketan son of P.W. No. 12 is the deceased and the suffered a homicidal death in the night between 2nd and 3rd January, 1994. His dead body was recovered at the instance of the police from the residential premises of the accused/appellant. That room was under lock and key by the time police visited and on being compelled by the police appellant unlocked the door and thereafter the dead body with multiple bleeding injuries caused by sharp cutting weapon was recovered from that room. In course of investigation, it was ascertained by the I.O. (P.W. No. 13) that the occurrence of assault initially took place in the up stair room, locally called in the locality as 'Dhaba'. The deceased had suffered a homicidal death as per the Post mortem Report (Ext. 9) and evidence of P.W. No. 7 and that there were as many as five sharp cutting injuries on the head and the face of the deceased. The further admitted circumstance is that the family of the deceased was running a betel cum cloth shop and there was theft of new clothing from that shop in the night of occurrence and those were recovered at the instance of the co accused persons, one of whom is none other than the mother of the accused. After discovery of the dead body, the enraged villagers attacked and assaulted the accused in presence of the police and caused bleeding injuries on his head and face. Accused was taken to the hospital for treatment and his wearing apparel and nail clippings were seized. During investigation, blood stained and sample earth were seized along with the skull of the deceased as well as the wearing apparel of the accused and such material objects were sent for serological test and chemical analysis. If appears from the report of the serologist (Ext. 24) that human blood of Group 'O' was found from the blood stained cement floor, skull of the deceased, Katar (M.O. II) i.e., the weapon of offence and nail clippings of the accused so also the attaches cover.

(3.) LEARNED Additional Sessions Judge, Baragarh (Trial Court) on perusal of the materials on the case diary, framed charge under Sections 302, 201, 457 and 380, IPC against the appellant and, one Dia (a) Mahipal Kusmia. He also framed the charge under Section 411, IPC against co accused Sanatan Sahu and under Section 414, IPC against Rajkumar Majhi. The accused persons denied to the charge and claimed for trial. Their plea was that of complete denial.