PADMALOCHAN MAHAKUD @ PUKULU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 4/7/2022 passed by the learned Sessions Judge, Keonjhar in S.T. No.30 of 2019 arising out of G.R. Case No.1422 of 2018 corresponding to Ghatagaon P.S. Case No.159 of 2018 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.),Keonjahr. The Appellant (accused) thereunder has been convicted for commission of offence under Sec. 302 of the Indian Penal Code, 1860 (for short, 'the IPC') and accordingly he has been sentenced to undergo imprisonment for life and pay fine of Rs.50,000.00 in default to undergo rigorous imprisonment for one year.

(2.) Prosecution case:- On 5/10/2018 around 4 p.m. when the Informant (P.W.3) was sitting in the shop at Dhenkikote run by one Baru Mohanty, one of his co-villagers, namely, Sarat Rout showed him a photograph in his mobile phone set displaying the murder of the father of the Informant (P.W.3), namely, Bidyadhar Mahakud. Bidyadhar (deceased) had gone to Keonjhar Court around 8 p.m. on that day. Informant-Srikanta (P.W.3) having got the news of murder of his father Bidyadhar, immediately proceeded to Bankapatuli and saw his father lying dead on the road with a knife being pierced on his right side ear with profuse bleeding. The Informant (P.W.3) then suspected the involvement of Rama Chandra Mahakud, Jogendra Mahakud and Duryuodhan Mahakud of village Dumuria for the reason that they were having the civil litigation with Bidyadhar. An information in writing being lodged with the Police Officer in-charge of Dhenkikote Police Out-Post, the same was registered by the Inspector-in-Charge, Ghatgaon Police Station after treating the same as F.I.R. (Ext.1). The I.I.C. then directed one Sub- Inspector of Police (S.I.-P.W.14) to take up the investigation. In course of investigation, the Investigation Officer (I.O.- P.W.14) examined the Informant (P.W.3) and other witnesses. He visited the spot and prepared the spot map (Ext.8). He then held inquest over the dead body of the deceased in presence of witnesses and prepared the report -Ext.2. The dead body was sent for Post Mortem Examination to the Community Health Center (CHC), Patna. The I.O. (P.W.14) seized the incriminating articles and prepared the seizure list. In course of investigation, this accused who happens to be the son of Duryodhan Mahakud, who in the F.I.R. was one of the suspects as named by the Informant (P.W.3) was arrested and forwarded in custody to Court. His wearing apparels and Motor Cycle were seized under seizure list. The I.O. (P.W.14) then sent the seized incriminating articles for Chemical Examination through Court. On completion of investigation, Final Form was submitted placing this accused to face the trial for commission of murder of Bidyadhar for having the criminal liability under Sec. 302 of the IPC.

(3.) Learned S.D.J.M., Keonjhar having received the Final Form as above, took cognizance of the said offence and after observing the formalities committed the case to the Court of Sessions for trial. That is how the trial commenced by framing the charges for the said offences against these accused persons and seven others.