KANDA HANSDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) It is a case of patricide. The appellant faced trial in the Court of the learned Addl. Sessions Judge (Fast Track Court), Baripada in S.T. No. 9/151 of 2004 for offence punishable under Sec. 302 of Indian Penal Code for committing murder of his father Dargam Hansda (hereafter "the deceased") during the intervening night of 11/12th April, 2004 at village Patsanipur under Udala Police Station in the district of Mayurbhanj.

(2.) The prosecution case, as per the First Information Report lodged by Sakila Murmu (P.W.1) before the Officer -in -Charge, Udala Police Station on 12.4.2004 is that on the previous day during mid -night while the informant with his children were sleeping inside their house, the informant heard hullah of the deceased that his son was killing him. Hearing such hullah, P.W.1 rushed to the spot and found the deceased lying like dead in the courtyard in front of his house and the appellant was present there. On the arrival of P.W.1 at the spot, the deceased told him that he would not survive. Thereafter the deceased was shifted to a nearby tree. At that time, the wife of the deceased namely, Salma Hansdah (P.W.12) and others arrived at the spot and found that the deceased had sustained bleeding injuries on his head and abdomen. No arrangement could be made during that night to shift the deceased to the hospital and on the next day early morning when the arrangement was made, it was found that the deceased was dead. The villagers asked the appellant about the occurrence. While confessing his guilt, the appellant stated before the co -villagers that on the previous day night, he had been to the house of co -villager Kali Charan Hansda to take liquor and after returning back, he asked his wife to serve him dinner. At that time, the deceased interfered and told him that he was wasting his time and without going to the market, consuming liquor and wandering in the village and why he was raising so much of shout. At this, the appellant got angry and dealt blows by means of 'bahungi' to the head, abdomen as well as on the chest of the deceased as a result of which the deceased died.

(3.) Narsingha Bhol (P.W.13), Officer -in -charge of Udala Police Station, on receipt of the telephonic information about the incident on 12.04.2004 made Station Diary Entry, instructed the Assistant Sub -Inspector of Police to depute a constable to guard the spot. P.W.13 himself proceeded to the spot and after his arrival at the spot, P.W.1 gave the oral report about the occurrence which was reduced into writing and treated as FIR. P.W.13 prepared the spot map Ext. 11, seized blood stained earth, sample earth in presence of independent witnesses under seizure list Ext. 2, arrested the appellant. At the instance of the appellant, the weapon of offence (bahungi) was seized under seizure list Ext. 4/2. P.W.13 held inquest report over the dead body, prepared inquest report Ext. 3 and then prepared the dead body challan and sent the dead body for post -mortem examination to S.D. Hospital, Udala. He also seized the wearing apparels of the appellant under seizure list Ext. 7. The appellant was sent to S.D. Hospital, Udala for medical examination and collection of blood sample and nail clippings under police requisition. The wearing apparels of the deceased were seized after the post -mortem examination under seizure list Ext. 6. The incriminating materials which were seized during investigation were sent for chemical examination through learned S.D.J.M., Udala to SFSL, Rasulgarh. P.W.13 handed over the charge of investigation to Shri Rasananda Rout (P.W.10) for further investigation who on completion of investigation, submitted charge -sheet on 21.07.2004 against the appellant under Sec. 302 of IPC.