GAGUA@GAGAN JETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dated 29.8.2008 passed by Ad-hoc Additional Sessions Judge, FTC No.II, Cuttack, in S.T.No.33 of 2007, State versus Gagua @ Gagan Jethy, relating to P.S. Chaudwar, District Cuttack, by which learned trial Judge has convicted the appellant for offence u/s 302 I.P.C. and has sentenced him to imprisonment of life, while acquitting the appellant for the offence u/s 379 I.P.C. though he was charged under Section 380 I.P.C. Additionally we take note of ex facie illegality that albeit appellant was also charged with offence u/s 457 I.P.C. but learned trial Judge has not decided appellant's case for the said charge at all and has completely eschewed that crime and hence we are prima facie of the opinion that the impugned judgement has been rendered in unwarranted haste.

(2.) The incident in question occurred in residential village of the informant Fakir Charan Jethy/PW1 of village Nirgundi, P.S. Choudwar, District-Cuttack.Laxmidhar Jethy, the deceased and father of the informant had a grocery shop in that village by the road side and Gokulananda Jethy is the younger son of the deceased. On the intervening night between 28/29.5.2006 at 10 p.m. younger son Gokulananda Jethy came to his house after closing the grocery shop and as usual the deceased went to that shop and slept in the varandah of his shop on a cot. Next day morning, on 29.5.2006 at 5 a.m. Dhuba Charan Jena, a co-villager, informed the informant/ PW1 that his father Laxmidhar Jethy was murdered in the night. Hearing the news, the informant and his family members rushed to the shop only to discover the corpse of his father lying on the ground with bleeding injury on his head and shop lying open. On inspection, Gokulananda Jethy found that cash of Rs. One hundred from the cash box, two KGs of Sugar, 12 chained Ghutakhas, and an attach belonging to teacher Akshaya Kumar Behra containing his files and attires had been stolen.

(3.) Sriharsha Misra, OIC, P.S. Choudwar/P.W.15 registered the crime and immediately initiated the investigation. I.O. examined informant and recorded his statement, visited murder spot and sketched spot map Ext.13, seized padlock vide seizure memo Ext.9, performed inquest and slated inquest memo Ext.2 and then dispatched the dead body for post mortem examination. Wearing apparels of the deceased were seized and other witnesses were interrogated and their statements were penned down. I.O. also pressed dog squad in service by writing to S.O., DFSL vide Ext.14. Pant (M.O.III) and Banian (M.O.V) of accused were also seized. Stolen attach was also recovered and seized vide seizure memo Ext 6. Accused appellant was arrested on 30.5.2006. Performing other formalities, I.O. / P.W.15 handed over the investigation to second I.O. S.I. Kedarnath Sahu, who finally charge sheeted the accused appellant but was not examined in the trial as a witness.