(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and the order of sentence dtd. 8/6/2011 passed by the learned 1st Additional Sessions Judge, Cuttack in S.T. Case No.360 of 2008 (Tr. No.42 of 2008) arising out of G.R. Case No.367 of 2008 corresponding to Tangi P.S. Case No.49 of 2008 in the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Rural, Cuttack. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302 of the Indian Penal Code, 1860 (for short, 'the IPC'). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.20,000.00 (Rupees Twenty Thousand) in default to undergo rigorous imprisonment for four (4) months for commission of the said offence.
(2.) Prosecution Case:- This accused is the co-villager of Laxmi Hembrum (Informant-P.W.1), who is the daughter of Baraju Hembrum (deceased). On 8/4/2008 around 6.30 p.m, Laxmi (Informant-P.W.1) was busy in cooking food in her house when this accused came there with cut tree and kept the same near their verandah. Thereafter, this accused sat near the father of the Informant, namely, Baraju and went for certain discussion. After some time, Bhagaban Bandara and Kailash Bandara (the two since acquitted) came to the houe of Baraju Hembrum. Those two namely, Bhagaban and Kailash then requested Baraju to give them some Masala Gundi (chewing tobacco). Baraju expressed that he was not having that Masala Gundi to be offered to them. So saying, Baraju went inside the house. It is stated that Bhagaban and Kailash then caught hold of Baraju when this accused Rabi dealt two blows on his neck by means of Katari. Receiving said blows, Baraju fell on the ground. The accused persons then left the place believing that Baraju died. Laxmi (Informant-P.W.1) then went to the house of one Rout Bhadra of their village where her mother and brother were there. She (P.W.1) then with her mother to the house of the Grama Rakhi (P.W.2) and informed about the incident and returned to the spot with Grama Rakhi (P.W.2) and others. On their return to the spot, they found this accused and two others (since acquitted) and it is said that in their presence, this accused holding the Katari carried the cut head of Baraju and fled away. In the above situation, Laxmi (P.W.1), the daughter of Baraju (deceased) lodged a written report with the Officer-in-Charge (O.I.C.) of Tangi P.S. Receiving the written report from P.W.1, the O.I.C. treated the same as F.I.R. (Ext.1) and upon registration of the case, took up the investigation.
(3.) In course of investigation, the Investigating Officer (I.O.-P.W.13) examined the Informant (P.W.1). The I.O. (P.W.13) then arrested this accused with other two persons (since acquitted) and seized the weapon, i.e, Katari under seizure list (Ext.2). On the requisition of the I.O. (P.W.13), the scientific team reached at the spot, he (P.W.13) prepared the spot visit report (Ext.12) and held inquest in three phases and prepared the reports (Exts.6,7 and 8). Thereafter, the dead body of the deceased was sent for post mortem examination by issuing necessary requisition. On production of the blood stained earth and sample earth by the scientific team, the same were seized by the I.O. (P.W.13) under seizure list (Ext.A). The wearing apparels of this accused were seized under seizure list. The seized incriminating articles were sent for chemical examination through Court. On 15/7/2008, the I.O. (P.W.13), as per the direction of the S.P., Cuttack, handed over the charge of the investigation to the Circle Inspector of Police (P.W.14), who, examined the I.O. (P.W.13), the Informant (P.W.1) and others and on completion of the investigation, the I.O. (P.W.14) submitted the Final Form placing this accused along with two other accused persons to face the Trial for commission of the offence under Sec. 302/34 of the IPC.