SUBASH CHANDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant Subash Chandra Pradhan being aggrieved by his conviction u/s 302 I.P.C. and imposed sentence of life imprisonment and to pay a fine of Rs.5000/- and in default to serve further 2 years RI by Additional Sessions Judge, FTC, district Nayagarh, in S.T.No. 49/485 of 2004-03, State of Orissa versus Subash Chandra Pradhan, vide impugned judgment and order dated 20.3.2006, has preferred instant appeal challenging the said verdict hankered by success.

(2.) Recapitulating the background incident briefly it becomes manifest from the entire trial court record including tendered documentary evidences and oral testimonies of witnesses that Gopinath Sasmal(deceased) was a resident of village Benagadia under Khandapada police station, district Nayagarh, and had four sons Madhusudan/ informant/PW6, Golak/PW9, Sudama/PW7 and Bhikhari/PW8. Since last a decade or so deceased was employed as a jungle watchman by co-villagers to guard local Ghodamari jungle commonly known as "Izat Ghodamari Benagadia jungle". As usual, Gopinath Sasmal, the deceased, left his house for his watchman duty on 26.4.2003 at 6 a.m. Same day at about 8 a.m. one person by the name of Naya Sahu R/O village Patna came to Madhusudan, the informant/PW6, and disclosed that the present appellant had taken a Katuri from the deceased Gopinath and from it had cut a Mango and after eating the same had murdered Gopinath Sasmal by slicing his neck and then had escaped from the murder scene. Coming to know of his father's murder, informant/PW6 with his brothers and co villagers rushed to the incident scene only to spot deceased corpse lying under a tamarind tree with a sustained incised wound chopping off his neck. At the occurrence scene Kalika Pradhan, sister of present appellant, arrived and disclosed to the informant/PW6 that it was the appellant who had murdered his father by Katuri and had escaped from the murder site. Khandapada Police was informed on phone and post their arrival at the incident place that the informant /PW6 dictated FIR, Ext.5 , which was penned down by Dayanidhi Pradhan, and the same was handed over to the police, on the strength of which formal FIR, Ext. 5/3, at the police station Khandapada was registered as P.S. Case No. 49 at 11.30 a.m. same day exhibiting distance between the police station and incident scene as 9 KMs.

(3.) Priyaranjan Sathpathi, OIC, Khandapada police station/PW16, immediately initiated the investigation, came to the incident village, sketched spot map, Ext.8, interrogated and recorded statements of witnesses, got cadaver of the deceased photographed, performed inquest on the dead body and slated down inquest memo, Ext. 1, prepared dead body chalan Ext.9 and seized blood stained and plain earth from the spot with blood stained slippers, two blood stained stone chips, and prepared seizure list thereof as Ext.3. Appellant was arrested on 26.4.2003 at 8 p.m., who confessed his guilt vide Ext.10 and then led the police party and the recovery witnesses to Ratendilati and from the southern side of Kuania river, near village Serjanga Patharapada, brought out a Katuri,(M.O.I,) weapon of assault, which was seized vide seizure memo Ext.2.Wearing apparels of the appellant and one blood stained napkin were also seized by the I.O./PW16. After conducting some further investigation PW16 handed over residue of the investigation to the incumbent OIC Jyoti Prakash Panda/ PW17 on 26.5.2003, who, after conducting further investigation, charge sheeted the appellant. Ext. 14 is the chemical examiner's report concerning weapon of murder and the attires of the appellant.