MAKARU NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Makaru Naik faced trial in the Court of learned Additional Sessions Judge, Fast Track Court, Rourkela, Camp at Bonai in Sessions Trial Case No.83/56 of 2009 for commission of offence punishable under Sec. 302 of the Indian Penal Code (hereinafter I.P.C.) on the accusation that on 13/6/2008 at about 6.00 p.m. at village Kuliposh under Lahunipara police station, he committed murder of one Bhanu Naik (hereinafter the deceased) by means of a tangia. The learned trial Court vide impugned judgment and order dtd. 22/12/2009 found the appellant guilty under the offence charged and sentenced him to undergo imprisonment for life.

(2.) The prosecution case, as per the first information report (hereinafter F.I.R.) (Ext.4) lodged by Sukanti Naik (P.W.3), the widow of the deceased on 14/6/2008 before the Inspector in-charge of Lahunipara, in short, is that she married to the deceased about a year prior to the date of occurrence and after constructing a house on a Government land in village Kuliposh, she was staying there with her deceased husband. They had also constructed a goat shed adjacent to their house, and using the same for the purpose of keeping their goats. Two to three weeks prior to the date of occurrence, the appellant, who was related to the informant as uncle-in-law also constructed a house there and started living there. On 13/6/2008, the appellant locked the goat shed and when the deceased asked for the keys of the shed to the appellant, the latter did not hand over the same for which there was an altercation between the appellant and the deceased. During the course of such altercation, it is stated that the appellant brought a tangia and assaulted on the head as well as neck of the deceased for which there was profuse bleeding. The deceased in an injured condition was immediately shifted to Lahunipara Hospital first and then as per the advice of the doctor, he was taken to Bonai Hospital for treatment. Though the occurrence in question took place on 13/6/2008, since the informant (P.W.3) remained busy in the treatment of the deceased, she could not lodge the F.I.R. immediately. It was lodged only on the next day i.e. on 14/6/2008 and accordingly, Lahunipara P.S. Case No.144 dtd. 14/6/2008 was registered under Sec. 307 of the I.P.C. P.W.15, the Inspector in-charge of Lahunipara police station himself took up investigation of the case, examined the informant (P.W.3) and other witnesses, visited the spot and prepared the spot map (Ext.12). He seized sample earth and blood stained earth from the spot including other articles i.e. napkin as per the seizure list Ext.13. He also seized a towel stained with blood from the verandah of this spot house at Kuliposh as per the seizure list Ext.14. He took steps for recording the dying declaration of the deceased, who was then in an injured condition in the Hospital, but the same could not be recorded as the deceased was not in a conscious state. On 15/6/2008, P.W.15 received message regarding the death of the deceased and accordingly, the case turned to one under sec. 302 of the I.P.C. P.W.15 conducted inquest over the dead body and sent it for autopsy to S.D.H., Bonai and after the post mortem, the wearing apparels of the deceased were seized. The appellant was arrested on 17/6/2008 and while in police custody, he gave recovery of the weapon of offence i.e. tangia in presence of the witnesses, which was seized pursuant to the statement recorded under Sec. 27 of the Evidence Act. He also issued requisition to the Medical Officer, Lahunipara P.H.C. for examination of the appellant and seized the biological sample of the appellant, which was produced through escorting constable and then forwarded the appellant to Court and received the post mortem report. He made a query to the Medical Officer regarding possibility of the injuries sustained by the deceased with the weapon seized and got the report. He also seized the bed head ticket of the deceased and made a prayer to the S.D.J.M., Bonai for sending the exhibits for Chemical Examination and accordingly, the exhibits were sent. On completion of investigation, he submitted charge sheet on 2/10/2008 under Sec. 302 of the I.P.C. against the appellant. Framing of Charges:

(3.) After submission of charge sheet, the case was committed to the Court of Session after complying due formalities. The learned trial Court framed charge against the appellant as aforesaid and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.