SUNADHAR PUJARI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 16/2/2022 passed by the learned Additional Sessions Judge, Umerkote, Nabarangpur in C.T.185 of 2014 arising out of G.R. Case No.537 of 2014 corresponding to Raighar P.S. Case No.103 of 2014 in the Court of the learned Judicial Magistrate First Class, Umerkote. 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.5,000.00 (Rupees Five Thousand) in default to undergo rigorous imprisonment for six (6) months.

(2.) PROSECUTION CASE:- In or around the year 2006, the accused-Sunadhar married Jema, the sister of Khaga Pujari (Informant-P.w.4). A female child was born to the said wedlock after two years of marriage. On 14/5/2014 morning, the Informant-P.W.4 got the information that his sister (Jema) met her death on account of the assault by the accused by means of a lathi. The Informant (P.W.4) with local Sarpanch, Ward Member and Samiti Member went to the house of the accused and there, they found Jema lying dead with injuries on her head and other parts of the body. It was then learnt from his niece Sima Pujari that on 13/5/2014, during noon hours, after some exchange of hot words between Jema and the accused, the accused assaulted Jema by means of a thenga and done her to death. On that very day, the Informant (P.W.5) lodged a written report with the Inspector-in-Charge (I.I.C.) of Raighar Police Station. The I.I.C, receiving the written report, registered the criminal case and took up the investigation.

(3.) The Investigating Officer (I.O.-P.W.17), in course of the investigation, examined the informant (P.W.4) and other witness and recorded their statement. The I.O. (P.W.17), having visited the spot, prepared the spot map (Ext.11). He (P.W.17) seized some broken pieces of bangles, blood stained earth, sample earth from the spot and seized the same under seizure list (Ext.1). The I.O. (P.W.17) seized the wooden lathi under seizure list (Ext.6). On the same day, the I.O. (P.W.17) held the inquest over the dead body of Jema and prepared the report to that effect (Ext.2). He (P.W.7) sent the dead body for post mortem examination by issuing necessary requisition. The wearing apparels of the deceased were seized under seizure list (Ext.5). The seized incriminating articles were sent for chemical examination through Court. The I.O. (P.W.17), having received the order of transfer, handed over the charge of the investigation to Sub-Inspector (S.I.) of police (P.W.18), who, on completion of investigation, submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.