JAGANNATH BISWAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Rourkela in S.T. Case No. 160/37 of 1990 convicting the appellant (hereinafter referred to as "the accused") for commission of offence under Section 323 of the I.P.C. and sentencing him to undergo R.I. for one year.

(2.) The case of the prosecution as placed before the trial court is that the appellant was running a hotel at Rourkela for selling refreshment and meal where the deceased Ashok Choudhury, a minor, was working as a boy. The deceased was staying in the said hotel. The deceased being a child was not attentive to his work and neglecting his work. The aforesaid fact being brought to the notice of the accused by the 'Mistry' (cook) of the hotel, namely, Gunpada Kundu (P.W.7), on 05.03.1990, noon, the accused dealt some slaps to the deceased for which he fell down on the ground and died. The dead body of the deceased was then kept concealed inside the hotel by the accused and later on cremated with the help of other co-accused. The aforesaid fact being brought to the notice of the I.O. (P.W.6), he suo moto drew up F.I.R. and registered a case vide Rourkela G.R.P.S. Case No. 23(5) of 1990 and took up investigation. During the course of investigation, he collected evidence against the petitioner to have committed murder of the deceased and the other co-accused who were six in numbers to have helped him in cremating the dead body of the deceased knowing well that the deceased was murdered in order to screen the present accused from legal punishment. Charge-sheet as such was placed against the present accused under Sections 302 and against all the accused persons under Sections 201/34 of the I.P.C. Placing reliance on such charge-sheet, learned S.D.J.M., Panposh at Rourkela took cognizance of the said offence and committed the case to the Court of Session, as it was a case triable by the Court of Session. Since the aforesaid discloses a prima facie case for the offences under Sections 302 of the I.P.C. against the present accused and 201/34 of the I.P.C. against all the accused charge sheeted, they be proceeded with, was the prayer of the prosecution before the trial court.

(3.) Placing reliance on such case of the prosecution which was supported by the materials collected during investigation, charge was framed against the present accused under Section 302 of the I.P.C. and against all the accused persons under Section 201/34 of the I.P.C. by the trial court. All the accused persons including the present accused pleaded not guilty to the charge.