BABU DEHURI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This jail criminal appeal U/s.383 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the judgment dtd. 24/1/2023 passed by the learned 3rd Addl. Sessions Judge, Balasore in ST Case No. 52 of 2019 convicting the appellant for offence U/S. 304-II of IPC and sentencing him to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000.00, in default whereof to undergo RI for a further period of six months with direction of set off pretrial detention against the substantive sentence undergone by the convict.

(2.) The prosecution case in brief is on 11/2/2018 at about 9PM in village Godhibasa, there was quarrel between the convict and his wife Tiki Singh(hereinafter referred to as the deceased) and in the course of such quarrel, the convict being enraged set the deceased on fire by pouring kerosene on her. However, the villagers rescued the deceased and shifted her to DHH, Balasore in an ambulance. On the aforesaid incident, the Councilor of Ward No. 22 PW1-Kabita Murmu presented a written report before IIC, Sahadevkhunta P.S. at about 00.45 hours on the intervening night 11/12/2/2018. Basing on the written report(FIR) of PW1, Sahadevakhunta P.S. Case No. 58 of 2018 was registered for commission of offences punishable U/Ss. 324/326/307 of IPC with commencement of investigation by PW19-Jagannath Prasad Sahu who in course of investigation examined the informant and other witnesses and recorded their statement, issued injury requisition to DHH, Balasore for medical examination of the victim, seized kerosene jar, matchbox, dibiri, burnt saree and shawl under seizure list Ext.2. PW19 also arrested the convict and forwarded him to the Court, however, on transfer, he handed over the charge of investigation to the IIC PW18-Sachidananda Giri. On 12/2/2018, the convict expressed inability to take the deceased to Cuttack for better treatment and the deceased continued to remain in DHH, Balasore till 21/2/2018 since PW11-Rina Singh who is the elder sister of the deceased and taking care of her in the hospital expressed her financial inability to shift the deceased to Cuttack and thereafter, PW11 took the deceased to her house at Phuladi, where the deceased unfortunately succumbed to the injuries in the night of 27/2/2018. However, all through the investigation continued and on completion of investigation, PW-18 submitted charge sheet against the convict for commission of offences U/Ss. 498-A/302 of IPC.

(3.) On finding prima facie materials, the learned SDJM, Balasore took cognizance of aforesaid offences and committed the record to Court of Sessions. On receipt of record on transfer, the learned 3rd Addl. Sessions Judge, Balasore proceeded with the trial of the case by framing charge against the convict who pleaded not guilty to the charge resulting in trial in the present case.