BALADEV RAUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dtd. 17/4/2010 passed by the learned Additional Sessions Judge, Nabarangpur Camp at Umerkote in C.T. No.66 of 2008 arising out of G.R. Case No.158 of 2008 corresponding to Umerkote P.S. Case No.35 of 2008 of the Court of learned Judicial Magistrate First Class, (J.M.F.C.), Umerkote.

(2.) The Appellant (accused) therein has been convicted for commission of offence under Sec. 302 of the Indian Penal Code, 1860 (for short 'the IPC') and he has been sentenced to undergo imprisonment for life and pay of fine of Rs.20,000.00 in default to undergo rigorous imprisonment for two years.

(3.) Prosecution Case is that on 13/3/2008, it was around mid night, when Dharmu Harijan(deceased) and Dulava Bhatra (P.w.12) were guarding the forest as per the decision of the Village Committee, the accused came there and started cutting green trees. Seeing this, Dharmu (deceased) and Dulava (P.W.12) objected and asked him to refrain from cutting said trees. It is stated that accused then being enraged, suddenly dealt blows by means of axe on the head of Dharmu causing bleeding injuries on his person. Dulava (P.W.12) thus, passed on the information to the brothers of Dharmu, who with such injuries, when was being shifted to the Hospital died on the way. The brother of Dharmu namely, Lokanath Harijan (P.W.8), then informed the matter in writing under Ext.8, getting its scribed by one Surjya Prakash Pattanaik (P.W.7). Receiving the same, the IIC, Umerkote Police Station (P.W.14), treated the same as F.I.R. and registering the case, took up investigation. In course of investigation, he (P.w.14) examined the Informant (P.W.8) and other witnesses. He visited the spot, prepared spot map, Ext.11. In the evening around 5 pm, he held inquest over the dead body of Dharmu in presence of witnesses and prepared report, Ext.2. The dead body was then sent for postmortem examination and the wearing apparels of the deceased-Dharmu being seized seizure list was prepared. He (P.W.14) then arrested the accused-Baladev Rauta on the same day and recorded his confessional statement (Ext.6) in presence of witnesses. The I.O. (P.W.14) seized the weapon of offence i.e. one iron axe having a wooden handle and seized wearing apparels of the accused-Baladev and sent the accused for medical examination. He (P.W.14) then forwarded the accused in custody to the Court. He (P.W.14) on his transfer made over the charge of investigation to his successor in office (P.W.13) who on completion of investigation submitted the Final Form placing the accused, to face the Trial for commission of the offence under Sec. -302 of the IPC.