LAXMIDHAR ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Laxmidhar Acharya faced trial in the Court of learned 1st Additional Sessions Judge, Puri in S.T. Case No.6/216 of 2006/2005 for offence punishable under section 302 of the Indian Penal Code for committing murder of Bihari Acharya (hereafter 'the deceased') on 2.4.2005 at about 8.30 a.m. in village Bandala under Konark Police station in the district of Puri. The Learned Trial Court vide impugned judgment order dated 21.08.2007 held that the prosecution has failed to establish the charge under section 302 of the Indian Penal Code and accordingly acquitted the appellant of the said charge. However, the learned Trial Court found that the prosecution has proved the case against the appellant beyond all reasonable doubt under section 304 Part -II of the Indian Penal Code and accordingly found him guilty of such offence and sentenced him to undergo rigorous imprisonment for ten years.

(2.) The prosecution case, as per the First Information Report lodged by Lingaraj Acharya (P.W. 2) on 2.4.2005 before the Inspector in charge, Konark Police Station is that on that day at about 8.30 a.m., the appellant who is the cousin brother of the informant quarreled with his own mother Smt. Umamani Acharya (P.W.7) and pressed her neck. At that time, another son of Umamani Acharya namely Pratap Acharya called others for help and hearing such hulla, the deceased who was the father of the informant came to the spot and objected to the appellant for his activities. The appellant all on a sudden dealt a blow by means of a sickle on the chest of the deceased as a result of which the deceased sustained bleeding injury and fell down at the spot and died. When the appellant came to know about the death of the deceased, he tried to escape from the spot with the sickle but the co -villagers Santosh Barik, Raghunath Khedual, Laxmidhar Mohapatra (P.W.8) and Ashok Khedual (P.W.9) chased the appellant and caught hold of him and recovered the sickle from him. The Gram Rakshi Dhaneswar Mallick was sent to the police station to intimate about the incident which stated to have taken place in the courtyard of the appellant near Tulasi chaura. At the time of incident, the informant was not present at the spot but on getting information about the incident, he came to his house and after ascertaining about the incident from his wife and co -villagers, he lodged the F.I.R. P.W. 12 Umakanta Mallick who was the Inspector in - charge of Konark police station getting telephonic message about the incident on 2.4.2005, proceeded to the spot and on arriving there, he received a written report from P.W.2 which was scribed by P.W. 1 Prafulla Kumar Acharya, who is the brother of the P.W. 2. On the basis of such First Information Report, Konark P.S. Case No. 28 of 2005 was registered under section 302 of the Indian Penal Code. P.W. 12 took up investigation of the case and during course of investigation, he examined the informant and other witnesses, visited the spot and prepared the spot map Ext.8. He conducted inquest over the dead body in presence of the witnesses and prepared inquest report Ext.6. He detected blood stains at the spot and collected blood stained earth, sample earth from the spot and also seized the sickle which is the weapon of offence under seizure list Ext.2. The wearing apparels of the appellant containing blood stains were also seized under seizure list Ext.3. The dead body was sent for post mortem examination along with the weapon of offence for opinion of the doctor through constable. The appellant was arrested on 2.4.2005 and forwarded to Court on 3.4.2005. The mother of the appellant namely Umamani Acharya was also sent for medical examination. P.W. 6 Dr. Surendra Kumar Mohanty conducted post mortem examination over the dead body on 2.4.2005 and found a stab wound on the chest and opined the death to be homicidal in nature and the cause of death was due to injury to the vital organ such as heart producing shock and hemorrhage. P.W. 6 also gave his opinion vide Ext. 5 which indicates that the injury sustained by the deceased was possible by the sickle. The Investigating Officer received the post mortem report and made a prayer to the J.M.F.C., Nimapara to send the seized articles for chemical examination to S.F.S.L., Rasulgarh, Bhubaneswar and accordingly seized articles were sent for chemical examination. He received the chemical examination report Ext.12. After completion of investigation, P.W.12 submitted charge sheet against the appellant on 29.07.2005 under section 302 of the Indian Penal Code.

(3.) After observing due committal formalities, the case of the appellant was committed to the Court of Session for trial where the learned 1st Addl. Sessions Judge, Puri framed charge against the appellant under section 302 of the Indian Penal Code on 25.04.2006 and since the appellant denied the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and to establish his guilt.