SANATAN JENA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellants assailed their conviction under Ss. 304 Part -II, 324 read with Sec. 34 of the Indian Penal Code, 1860, hereinafter referred to as the "I.P.C." for brevity, and the sentence of rigorous imprisonment for five years and two years respectively passed by the learned Addl. Sessions Judge (F.T.C. -II), Bhadrak in Sessions Trial No. 117/180 of 2004 as per his judgment dated 20.02.2008.

(2.) The case of the prosecution is that the informant Bhaskar Jena and accused persons are residents of village -Dakhinbad under Bhandaripokhari Police Station of Bhadrak district. Houses of both the parties are adjacent to each other. On 20.03.2004 at about 1.30 P.M. when the accused persons uprooted the fence standing between their houses and the houses of the informant, the informant Bhaskar Jena protested, but the accused persons, who were armed with sticks, crow bar and spade, abused him in obscene language and threatened to do away with his life and to set fire to his house. The case of the prosecution is that the accused persons have also assaulted him. To rescue him, his uncle, Narayan Jena (deceased), reached at the spot. Accused Sanatan Jena, appellant No. 1, gave a blow on the head of Narayan Jena by means of a stick (BADI), for which he sustained severe bleeding injury on his head. When P.W. 2 Nirakar Jena and P.W. 4 Sudhakar Jena, the sons of the informant came there for their rescue, the accused persons also assaulted them. P.W. 2 -Nirakar Jena has sustained some injuries due to such assault. After this incident, some villagers reached there and intervened in the matter. They shifted the injured persons to the Bhandaripokhari hospital. As the condition of deceased Narayan Jena was serious, he was referred to S.C.B. Medical College and Hospital, Cuttack by the Medical Officer, Bhandaripokhari C.H.C. After about fifteen days, Narayan Jena succumbed to the injuries at S.C.B. Medical College and Hospital, Cuttack.

(3.) Immediately after the occurrence the informant lodged an F.I.R. before the O.I.C., Bhandari Pokhari P.S. and on the basis of such report the O.I.C. registered Bhandari Pokhari P.S. Case No. 30 of 2004 under Ss. 341, 323, 294, 325 and 506/34 of the I.P.C. and directed the A.S.I. Hrushikesh Panigrahi to take up investigation. In course of investigation, the Investigating Officer, P.W.10 examined the witnesses, issued injury requisition, visited the spot and prepared the spot map and also seized two numbers of lathis, M.Os. II and III, and one sword M.O.IV and prepared the seizure list. On 08.04.2004 on getting information that injured Narayan Jena succumbed to the injuries at S.C.B. Medical College and Hospital, Cuttack on the previous day vide Mangalabag U.D.P.S. Case No. 274 of 2004, the case was turned to one under Sec. 302 of the I.P.C. and P.W. 10 handed over the case to Sushil Kumar Mishra, P.W. 9. In course of investigation, P.W.9 seized one Patta (R.O.R.) of the occurrence spot and prepared seizure list, Ext. 2. He also obtained injury reports of the injured persons and also obtained opinion of the Medical Officer, District Headquarters Hospital, Bhadrak. He also obtained the inquest report and postmortem report of deceased Narayan Jena from I.I.C., Mangalabag P.S. He also sent the wearing apparels of the deceased and sample of blood etc. for chemical examination and finally after completion of investigation submitted charge -sheet against the accused persons under Ss. 447, 341, 323, 302, 294 and 506 read with Sec. 34 of the I.P.C. showing accused Udayanath Jena as absconder. Later on, chemical examination report, Ext. 12 was received by the Court from the S.F.S.L., Bhubaneswar.