MADRASI CHAMPIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Madrasi Champia @ Nayak faced trial in the Court of learned Addl. Sessions Judge, Talcher in S.T. Case No. 126/02/95/02 for offence punishable under Sec. 302 of Indian Penal Code for committing murder of Lochan Batudi (hereafter 'the deceased') on 24.03.2002 at Lingaraj Township in a newly constructed quarters.

(2.) The prosecution case as per the First information report (Ext. 8) presented by Santosh Kumar Agarwala (P.W.6) on 25.03.2002 before the officer in -charge, Colliery Police Station, Talcher is that the informant who was a contractor had taken the construction work of 'B' and 'C' type quarters of M/s. Mahanandi Coalfields Ltd., Lingaraj area at Lingaraj Township. The appellant and the deceased who were the labourers were staying in one uncompleted quarters bearing quarters No. 121 of Block No. 21 of 'B' type. It is the further prosecution case that on 25.03.2002 finding both the labourers absent from the work site, the supervisor of the informant namely Ramesh Chandra Pradhan (P.W.2) in order to ascertain the reason for their absence went to the quarters in which they were staying and found the same to be locked from the outside but noticed that the window of the quarters was opened. Peeping through the window, P.W.2 found the deceased lying dead in a pool of blood sustaining injuries on his body. P.W.2 immediately informed the informant who also came to the work site and found the deceased lying dead and blood was oozing out from his body. Suspecting that the appellant might have committed murder of the deceased and fled away after locking the door, the First Information Report was lodged.

(3.) During course of investigation, P.W.12 examined the informant and other witnesses, visited the spot and prepared spot map Ext. 13. On 26.03.2002 the scientific team and police dog squad visited the spot and detected some physical clue materials. The I.O. held inquest over the dead body of the deceased on 26.03.2002 in presence of the Executive Magistrate and sent the dead body for post mortem examination. He seized one lock, one pair of Chappals under seizure list Ext. 2. He also seized sample gauge cloth, saline extract of blood stains, portion of blood stained mosquito net, portion of blood stained plastic rope, sample extract of blood stained gauge under seizure list Ext. 4. He also seized one blood stained blue check lungi, one deep colour half banyan stained with blood, one underwear stained with blood, one stripe lungi, one plastic mat, one brass made ring, one wooden pidha and command certificate under seizure list Ext. 7. He arrested the appellant on 01.04.2002 and seized one white cotton lungi stained with blood, one full cotton white shirt stained with blood, one napkin stained with blood on being produced by the accused under seizure list Ext. 5. While the accused was in police custody, he gave information about the concealment of the weapon of offence i.e. crow bar in a bushy forest and basing on such information and on being lead by the appellant, the I.O. seized one crow bar on the production by the accused under Sec. 27 of the Evidence Act under seizure list Ext. 1. The appellant was forwarded to Court on 02.04.2002. On 07.04.2002 the Circle Inspector of Police, Talcher took over charge of investigation from P.W.12. The wearing apparels of the appellant and the deceased, weapon of offence, sample blood and other materials which were collected were sent SFSL, Rasulgarh, Bhubaneswar through Court for chemical analysis. After completion of investigation, the Circle Inspector of Police submitted charge sheet on 26.07.2002 against the appellant under Sec. 302 of Indian Penal Code.