ARJUNA PUJARI Vs. STATE

JUDGEMENT

(1.) THE appellant, a postal runner of Malkangiri area district Koraput, has preferred this appeal against his conviction under Section 302, Penal Code and sentence to undergo rigorous imprisonment for life and under Section 404, Indian Penal Code and sentence of R. I. for two years; both the sentences to run concurrently. The prosecution case emerging out of the facts is, that on 8 -1 -72 at about 3.00 p.m. the appellant went inside the Bharabi temple at Malkangiri and caused death of Ramdas Babaji, Puiari of the temple assaulting his head by means of an iron rod. Thereafter the appellant removed the transistor radio belonging to the deceased from the temple. The appellant tried to dispose of the radio with the help of others but was unsuccessful. Two other persons, namely; Ram Chandra Patnaik and Trinath Naik were charged under Section 380, Indian Penal Code for committing theft of the transistor radio but they have been acquitted. The accused pleads complete innocence and has denied the charges altogether. F. I. R was lodged by P.W. 8 on 8 -1 -72 at 6.30 p.m. at the police station situated at a distance of 3 kilometres The Investigating Officer, P.W. 20 immediately started to the spot. After holding inquest over the dead body and sending the dead body for post -mortem, he sized the iron rod (M. O. Ill) stained with blood near the dead body. He also seized a bag (M. O. II) from the house of the appellant which was blood stained. After arrest, the appellant while in custody, gave recovery of the transistor radio from the house of one Trinath who was originally one of the accused persons but has since been acquitted. P.W. 20 also took the nail clippings of the appellant and sent the same for chemical examination. It appears from the report of the chemical examiner and the serologist, Exts. 23 and 24 respectively that the iron rod (M. O. Ill) was stained with human blood so also the bag (M. O. II) said to have been carried by the appellant was stained with human blood. The nail clippings of appellant were also stained with human blood.

(2.) P .W. 11 held post -mortem examination on 9 -1 -72 at about 12.30 p.m. and his report is Ext. 14. He found the following injuries:

(3.) M . O. II the bag carried by the appellant was stained with human blood which appears from Exts. 23 and 24 the chemical and serologi -cal reports. This bag was identified in T. I. parade as well as in Court by the witnesses who saw the appel - lant carrying the bag. It was seized from the house of the appellant. The iron rod M. O. Ill is found to be stained with human blood.