HARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant from inside the jail has preferred this appeal challenging the Judgment of conviction and order of sentence passed by the Learned. Adhoc Additional Sessions Judge, Fast Track, Berhampur (FTC) in Sessions Case No.107/2004 (S.C. No.545/2004 GDC). By the said Judgment the Appellant has been convicted for commission of offence under Section 304, Part-I of I.P.C. and has been ordered to undergo rigorous imprisonment for a period of ten years with payment of fine of Rs.2,000 in default to undergo rigorous imprisonment for a period of six months.

(2.) Prosecution case is that on 05.06.2004 afternoon the Appellant and one Deva Das who are co-villagers "â„¢ were quarrelling with each other and then Laba @ Nava @ Nabha Das (deceased) was playing with the boys in front of his house on the village road of Borigaon. Seeing the Appellant and Deva Das quarrelling, the deceased requested the Appellant to refrain from continuing with the quarrel with Deva Das, who was fairly an old man. It is next alleged that the Appellant then got annoyed and threatened deceased to assault and thereafter having rushed towards him, held his neck from backside pushed him with force resulting his fall on the concrete village road facing upward. It is further alleged that the Appellant thereafter holding the hairs of the deceased repeatedly dashed his head against the road. So, deceased sustained bleeding injury on his head and went unconscious. Seeing this Hema Das, the wife of deceased and her daughter Narmada came to the place and shifted him to their house and around 11 P.M., he succumbed to the injuries. On the morning, Hema informed the matter to the village Sarpanch as well as other villagers. A meeting was convened and the Appellant is stated to have confessed his guilt having also agreed to provide a new house to Hema and to bear the entire funeral expenses of the deceased. Then the police jeep arrived in the village and at their sight, the Appellant fled away. It is stated that on 06.06.2004 around 8 A.M., the Junior Sub-Inspector of Police of Berhampur. Sadar Police Station had received the information about the death of Nabha and had made necessary entry in the station diary book of the police station &, therefore, had gone to the village Borigaon. Hema Das, the widow of the deceased, orally reported the matter and that was reduced into writing. The investigation was immediately taken up at the spot while sending the F.I.R. to the police station for registration of a regular case. During investigation P.W.10 visited the spot and finding the dead body of Nabha lying in his house held inquest over the same and prepared inquest report vide Ext.2 in presence of witnesses. The dead body of the deceased was then sent to M.K.C.G. Medical College and Hospital, Berhampur for post mortem examination. Seizure of incriminating materials were also made at the spot and necessary seizure list were prepared to that effect. Finally, the Appellant was arrested on 28.06.2004 and was forwarded to the Court on the next date. Sometime thereafter the investigation was made over to the C.I. of Police (Sadar), P.W.11 who on receiving the post mortem report as well as other reports, finally submitted charge-sheet placing the Appellant to be tried in the Court of law for offence under Section 302, I.P.C. Learned S.D.J.M., Berhampur having taken cognizance of the said offence committed the case of the Court of Session for trial and that is how the Appellant faced the same.

(3.) The case of the defence is that of complete denial and false implication. Prosecution in the trial has examined 12 witnesses besides proving the documents importantly the F.I.R.-Ext.1, seizure list, inquest report & post mortem report, chemical examination report & other documents. P.Ws.l, 3, 4, 5 & 6 are the co-villagers of the deceased as well as the Appellant. P.W.8 is the widow of the deceased, who is also the informant of the case. The daughter of the deceased has been examined as P.W.9, a child witness; P.W.7 is a police constable whose service was taken in course of investigation in carrying the dead body to the morgue. The first investigating officer is P.W.10 whereas the doctor conducting the post mortem report has been examined as P.W.12.