SAMAI TAMUNDIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and the order of sentence dtd. 27/4/2012, passed by the learned Additional Sessions Judge, Rairangpur in S.T. Case No.20 of 2011, arising out of G.R. Case No.474 of 2010, corresponding to Rairangpur Rural P.S. Case No.60 of 2010, of the Court of learned Sub Divisional Judicial Magistrate (SDJM), Rairangpur. The Appellant (accused) has been convicted for commission of offence under Sec. 302 of the Indian Penal Code, 1860 (in short, 'IPC') and he has been sentenced to undergo imprisonment for life and pay fine of Rs.5000.00 in default to undergo rigorous imprisonment for one (1) year.

(2.) Prosecution case is that Laxman Tamundia, who happens to be the uncle of Pandu Singh (Informant-P.W.1) was in visiting terms to the house of the accused, namely, Samai Tamundia. On 21/12/2010 around 4 p.m. Laxman had gone to the house of the accused. It is stated that when Laxman abused the wife of the accused, the accused then assaulted him with an axe and caused his death. On the next day morning around 8 a.m, Pandu Singh (Informant- P.W.1) got the news of murder of his uncle, Laxman.So, he (Informant- P.W.1) along with his another uncle (P.W.3), Nephew (P.W.7), P.W.2, the brother-in-law of P.W.1 and 2 other relations went to the village of the accused. They found the dead body of Laxman lying in a pool of blood in the front courtyard of the house of the accused. The accused was near the spot. It is stated that the accused confessed to have killed the accused out of anger by means of Budia when Laxman asked food to his wife and abused her saying 'SALI'. The accused then carrying the Budia, left for the Police Station. Pandu Singh (Informant-P.W.1) lodged a written report on 22/12/2010 around 11 am with the Officer-in-Charge (OIC) of Rairangpur Rural Police Station. Having received such written report, treated the same as FIR and upon registration of the case, took up investigation.

(3.) In course of investigation, the Investigating Officer (I.O-P.W.13) examined the informant, visited the spot and prepared the spot map vide Ext.1. At 11.10 a.m, the IIC received information from the ASI that accused Samai Tamundia surrendered at the P.S. with the weapon an Axe stained with blood and confessed his guilt. Then the I.O (P.W.13) examined the accused and recorded his statement and seized the weapon of offence i.e. axe (budia) at the spot and prepared the seizure list vide Ext.3. He then conducted inquest over the dead body of the deceased and prepared the report to that effect i.e. Ext.2. At the time of inquest, he recovered two live ammunitions from the pant pocket of the deceased and seized the same under seizure list vide Ext.4. He then sent the dead body for post mortem examination by issuing necessary requisition. He collected the sample earth from the spot and prepared seizure list vide Ext.5. The I.O. (P.W.13) seized the wearing apparels stained with blood of the accused vide Ext.6. He arrested the accused and sent him for medical examination. He seized the wearing apparels of the deceased under seizure list vide Ext.7. He also seized the sample blood, nail clippings, leg wash, hand wash of the accused and prepared the report to that effect vide Ext.8. The accused was forwarded in custody to Court. The seized incriminating articles were sent for chemical examination to SFSL, Balasore through Court. On completion of the investigation, the I.O (P.W.13) submitted the Final Form placing the accused to face the Trial for commission of offence under Sec. 302 of the IPC.