BASANT KUMAR RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is preferred against the impugned judgment and order dated 04.09.2013 passed by the learned Additional Sessions Judge, Chatrapur in S.T. No. 111 of 2013, corresponding to Sessions Case No. 54/2000(A) in the First Track Court, Chatrapur as well as Sessions Case No. 328/2000 -GDC in the Court of Sessions Judge, Ganjam at Berhampur, which arises out of G.R. Case No. 38/2000 on the file of the learned J.M.F.C., Kodala corresponding to Kodala P.S. Case No. 32/2002. The appellant has been convicted for commission of offences under Sections 302/34 and 120 -B/34 of I.P.C. Whereas no separate sentence is passed for the offence under Section 120 -B of I.P.C., the appellant -convict has been sentenced to life imprisonment with payment of fine of Rs. 2,000/ -, in default, to undergo R.I. for three months for the offence under Sections 302/34 of I.P.C.

(2.) THE F.I.R. story, in short, is like this: On 17.2.2002 at about 5.00 P.M. the deceased, namely, Pranati Rout @ Leena with her elder sister, Lipsa Rout, was returning home. On their way, they were suddenly attacked by three persons who after attack fled away but meantime had caused three cut injuries on nose, face and forehead of the deceased Pranati Rout @ Leena. With the help of some passersby injured while was being shifted to the local hospital (U.G.P.H.C., Polsara) on a trolley rickshaw, made oral dying declaration to Babu Jena that Duga Nanda, Gyana Patnaik and Basanta Rath (the appellant) were her assailants. Getting information about the assault, the informant (deceased's father) with other members of his family rushed to the hospital. At about 8.20 P.M. the injured Leena Rout succumbed to the injuries.

(3.) IT further appears that the case was split up as against the present appellant and then on 21.5.2009 charge was framed against him under Sections 302/34 and 120 -B/34 of I.P.C. During trial fourteen witnesses were examined. P.W.1 is deceased's elder sister with whom the deceased was going on the road when the assault took place. P.W.2 is deceased's mother. P.W.3, the informant, is the deceased's father. P.W.4 is a Grama Rakhi who was present at the time of inquest and who accompanied the dead body for post -mortem examination. P.W.5 is a witness to the seizure of the weapon of offence. P.Ws.6, 7 and 8 are cited as eyewitnesses but all of them have turned hostile. P.Ws.9 and 10 do not say anything about the case. P.W.11 is an Advocate who is the scribe of the F.I.R. P.W.12 is the Medical Officer, U.G. P.H.C., Polsara who had attended the deceased and had issued the injury report. P.Ws.13 and 14 are the I.Os.