AKAM BHOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN Jail Criminal Appeal No. 57 of 2004, one Akam Bhoi is the appellant. He has been convicted for commission of offence under Section 302 of IPC and has been sentenced to undergo imprisonment for life end to pay a fine of Rs. 1,000/ - and in default of such payment to undergo R.I., for further three months by the learned Sessions Judge, Dhenkanal in S.T. Case No. 355 of 2001, The other appellant -Day a Bhoi, who is the father of Akam Bhoi has filed Criminal Appeal No. 160 of 2004 challenging his conviction under Section 354 of IPC in the above noted S.T. Case. The learned Sessions Judge, Dhenkanal has sentenced him to undergo rigorous imprisonment for a period of one year under Section 354 of IPC.

(2.) SINCE both the above noted appeals arise out of a single judgment and order dated 13.05.2004 of the learned Sessions Judge, Dhenkanal in S.T. Case No. 355 of 2001, the same have been heard together and are being disposed of by this common, judgment.

(3.) P .W. 1 lodged a written report alleging the murder in Sanda Police Outpost under Parjang P.S. As it revealed a cognizable offence. P.W. 11, who was attached to the Out Post as A.S.I. of Police treated that as an F.I.R. (Ext. 17) and sent it to Parjang P.S. for registration of a case. He took up preliminary investigation examining the informant (P.W. 1) and deputed one Constable to guard the dead body. He also examined other witnesses. On that date, i.e., 16.05.2001 by 4.00 P.M., P.W. 10 took over the charge of investigation from P.W. 11 as directed by O.I.C. P.W. 11 also seized the articles for sending the same to S.F.S.L., Bhubaneswar for their chemical examination. After P.W. 10 took up the investigation, he held inquest over the dead body of the deceased -Ganeswar and prepared the inquest report (Ext. 7). He also examined the witnesses and despatched the dead body for post mortem examination vide dead body challan Ext. 10, conducted raid, arrested the appellants and seized the weapon of offence, i.e., Gainti (M.O.I.) from the house of Akam in presence of P.W. 6 and P.W. 9. During course of investigation, P.W. 10 examined P.Ws. 2 and 8. He (P.W. 10) also sent requisition for opinion of the doctor on weapon of offence, i.e., Gainti. On completion of investigation, police submitted charge sheet against the appellants The plea of the appellants is one of complete denial.