PADMALOCHAN BARIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, namely Padmalochan Pradhan, faced the trial on the charge under Sec. 302 of the Indian Penal Code (in short, hereinafter referred to as "IPC") before the learned Addl. Sessions Judge, Sundargarh for committing the murder of his grandparents wherein, the learned Court found him guilty in the offence charged as above, convicted and sentenced the Appellant to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees five thousand only) in default to undergo further Rigorous Imprisonment for 3 (three) months.

(2.) The brief facts of the case are that the incident occurred in the village of Sipokachhar, on 2/4/2016, at approximately 6 AM. The informant, who is the paternal uncle of the Appellant, was outside his house engaged in conversation with Giridhari Chhatria, when his wife, Kamala, urgently reported to him that the Appellant was assaulting both Arjun (grandfather) and Phula (grandmother) inside their residence. The informant rushed to the house and discovered Arjun's lifeless body. Phula, meanwhile, was found critically injured but still alive. Upon arriving at the scene, the informant, along with another individual named Kapil Majhi, confronted the Appellant, who confessed to the assault. The informant's report also included an allegation that his own mother had been assaulted by the Appellant. Following these revelations, the informant lodged a written complaint at the Lephripada Police Station. This report led to the registration of Lephripada PS Case No. 45 on 2/4/2016, marking the commencement of the investigation.

(3.) In the course of investigation, the then Officer In- Charge (OIC) of Lephripada PS, Sri J. Bara (P.W.22) took immediate steps to gather evidence from the scene of crime. He sent requisition calling upon the services of the Forensic Department (SO, DFSL) to collect physical clues from the site. He then conducted inquest over the body of deceased Arjun and prepared the inquest report (Exhibit P-1). Additionally, he seized a blood-stained dhoti (Exhibit P-16) and other physical evidence, which includes the wooden plank believed to be used in the assault. The body of Arjun was sent to the District Headquarters Hospital (DHH), Sundargarh, for post-mortem examination.