BUDHU KISAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Budhu Kisan faced trial in the Court of learned Adhoc Additional Sessions Judge, Fast Track Court, Rourkela in S.T. Case No. 161/29 of 2003 for the offence punishable under section 302 of the Indian Penal Code for committing murder of Tatia Minz @ Kisan (hereafter 'the deceased') on 08.07.2002 at about 7.00 p.m. at Beldihi Khanda Pada under B. Tarang Police Station in the district of Sundargarh. The learned trial Court vide impugned judgment and order dated 08.01.2004 acquitted the appellant of the charge under section 302 of the Indian Penal Code. However, the appellant was found to be guilty of the offence punishable under section 304 Part-II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.2,000/- (rupees two thousand), in default of payment of fine, to undergo further rigorous imprisonment for a period of three months more.

(2.) The prosecution case as per the First Information Report lodged by Suren Kishan (P.W.1) on 08.07.2002 before the Inspector-in-Charge, B. Tarang Police Station is that the deceased was his father-in-law and on 08.07.2002 at about 7.30 p.m. while the informant was returning home after taking bath in the river, he found congregation near the house of one covillager namely Chaitan. Out of anxiety, the informant went there and found that the deceased Tatia Minz @ Kisan was lying on the road with injury on his chest. The sister-in-law of the informant namely, Khairi Kisan (P.W.2), who is also the daughter of the deceased told him that the appellant Budhu Kissan assaulted the deceased by means of a sword. P.W.2 happened to be the daughter-in-law of the appellant and she had married the son of the appellant namely Mangal Kishan. There was matrimonial dispute between the parties, for which P.W.2 left her matrimonial home since six to seven months prior to the date of occurrence. The husband of P.W.2 met with an accident and died and since that day, the appellant used to come to the house of the deceased and was giving threat to kill him. On the date of occurrence at about 7.00 p.m. while the deceased, his wife and P.W.2 were there in the house, the appellant entered inside the house and pierced a sword on the chest of the deceased.

(3.) The Inspector-in-Charge of B. Tarang Police Station got information about the incident of murder and accordingly he along with P.W.14 Pradeep Kumar Pradhan, S.I. of Police, B. Tarang Police Station proceeded at the spot, P.W.1 gave oral information about the incident to the Inspector-in-Charge which was reduced into writing and treated as First Information Report and on the basis of such written report, B. Tarang P.S. Case No.109 dated 08.07.2002 was registered under sections 448 and 307 of Indian Penal Code and the I.I.C., B. Tarang Police Station directed P.W.14 to take up investigation of the case. P.W.14 examined the informant, the witnesses, visited the spot and sent the injured to R.G. Hospital, Rourkela for examination. He seized one sword from inner verandah of the house of the appellant under seizure list Ext.5. He also seized blood stained earth and sample earth in presence of the witnesses under seizure list Ext.6. On 09.07.2002 the appellant was taken into custody and forwarded to the Court. The blood stained wearing apparels of the injured were seized under seizure list Ext.11/1. The I.O. sent requisition to the Medical Officer, R.G. Hospital for recording of dying declaration of the injured. On 14.07.2002, P.W.14 got VHF message from Sector-19 Police Station that the injured Tatia Minz @ Kisan expired in Ispat General Hospital and thereafter the case turned to one under section 302 of Indian Penal Code. P.W.14 conducted the inquest over the dead body on 15.07.2002 in presence of the witnesses and prepared inquest report Ext.12. He sent the dead body for post-mortem examination to S.D. Hospital, Panposh under police requisition. The I.O. seized the command certificate along with nail clippings and blood sample of the deceased in presence of witnesses under seizure list Ext.2.