HAREKRUSHNA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant faced trial in the Court of learned Sessions Judge, Bolangir in Sessions Case No.92-B of 1998 for offence punishable under section 302 Indian Penal Code for committing murder of Rajani Sahu (hereafter "the deceased") on 22.03.1998 at about 7.00 a.m. at village Rengali. The learned trial Court vide impugned judgment and order dated 3.8.2000 while acquitting the appellant under Section 302 IPC, found him guilty under section 304 Part-I IPC and accordingly convicted him of such offence and sentenced him to undergo R.I. for ten years and to pay a fine of Rs. 4,000/-,in default, to undergo R.I. for a further period of one year.

(2.) The prosecution case, in short, as per the first information report (Ext.1) lodged by Nilachala Sahu (P.W.1), who is the son of the deceased is that on 22.07.1998 at about 7.00 a.m. the deceased with the help of labourers was cutting a tamarind tree for the purpose of sale which was standing on the ridge of his land. At that time the appellant with his brother Kasta Sahu and sister-in-law Debaki Sahu came there and prevented the appellant from cutting the tree. The deceased called two co-villagers Ballava Sahu (P.W.4) and Matu Sahu and showed documents relating to the ownership of the land where the tamarind tree was standing. In spite of that the appellant, his brother and sister-inlaw did not allow the deceased to cut the tree. All on a sudden, the appellant being enraged dealt a Tangia blow on the head of the deceased as result of which the deceased fell down on the ground with bleeding injuries and thereafter he was shifted to his house in an unconscious manner. The deceased was then taken to Agalpur Police Outpost where the written report was lodged. On the basis of such report, Agalpur Outpost S.D. Entry No.338 dated 22.03.1998 was made and the report was sent to Officer-incharge, Lohisingha Police Station for registration of formal F.I.R.

(3.) After receipt of the F.I.R., Officer-in-charge of Lohisinga Police Station registered Lohisingha P.S. Case No.23 of 1998 on 22.03.1998 under Section 307 Indian Penal Code and directed A.S.I. of Police attached to Agalpur Outpost Bijaya Kumar Pradhan (P.W.10) to continue investigation. P.W.10 examined the informant, sent the injured to Agalpur C.H.C. for medical examination. The Medical Officer of Agalpur C.H.C. referred the injured to District Headquarters Hospital, Bolangir. He examined the witnesses, visited the spot and seized some blood stained earth and sample earth from the spot in presence of witnesses and prepared seizure list Ext.2. On the very day Officer-in-charge of Lohisingha Police Station Narayan Nayak (P.W.8) took over charge of investigation. Since the injured was declared dead at District Headquarters Hospital, Bolangir, P.W.8 directed A.S.I of Police Lohisingha Police Station Bhagabat Hota (P.W.7) to proceed to Bolangir and to conduct inquest over the dead body and to dispatch it for post-mortem examination. P.W.7 in compliance to such direction held inquest over the cadaver of the deceased at District Headquarters Hospital, Bolangir and prepared inquest report Ext.5. He also sent the dead body for post-mortem examination. P.W.11 Dr. Pradipta Kumar Panda who was the Asst. Surgeon, D.H.H., Bolangir conducted post-mortem examination over the cadaver of the deceased on 22.03.1998 and submitted his report Ext.15. P.W.7 seized the wearing apparels of the deceased after post-mortem examination under seizure list Ext.10.