AKSHYA KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellants who are tow real sibling brother two Akshya Kumar Sahu (A-1) and Abhya Sahu (A-2) and son of (A-1) namely Pradeep Kumar Sahu (A-3) have been convicted for offences u/s 302/34 and 341/34 I.P.C. and are sentenced to life imprisonment for the charge of murder with common intention while no separate sentence was passed against them for the second charge of wrongful restraint with common intention, imposed by Additional Sessions Judge, Angul, in Criminal Trial (Sessions) No. 171/2004/42/2004, State v. Akshay Kumar Sahu, vide Criminal Trial No. 49 of 2004 from the Court S.D.J.M., Angul, corresponding to Police case No. 5 of 2004, relating to police station Chhendipada district Angul and hence they have preferred this appeal assailing their said conviction and sentence

(2.) Slating down comprehensively, prosecution story as was inked in the FIR, trotted out during investigation and disgorged before the Sessions Court, would reveal that the informant, deceased and witnesses from the prosecution side and all the appellants are co-villagers being residents of village Ramachandrapur, under Chhendipada Police Station District Angul. Whereas (A-1) and (A-2) are real sibling brothers being sons of Ekadasia Sahu, (A-3) is the son of (A-1). Similarly Naresh Garnaik (deceased) and Ravindra Kumar Garnaik were sibling brothers. Dushmant Kumar Garnaik/PW-1 is the son of Ravindra Kumar Garnaik and nephew of the deceased. There was hostility between both the factions as the deceased had tried to pull Pravati Sahu/DW-1, daughter of (A-1), when she had gone to the river bank to attend nature's call, six months prior to the present incident, which molestation attempt was taken to be temerity by the accused side and an animosity developed between both the factions. The deceased was threatened by the accused persons, and being terrified, the deceased had left the village, but ten or fifteen days prior to his murder, he had returned to his native village. On the ill-fated incident day of his murder, i.e., 10.1.2004, at about 4.30.P.M., deceased was carrying manure in two bamboo baskets in his bullock cart from the village road and when he reached near the thrashing floor of appellant (A-1), all the accused obstructed and surrounded his bullock cart and pulled away bamboo baskets containing manure from behind because of which Naresh Garnaik, the deceased, fell down on the ground, as the cart tilted towards the back, Deceased tried to escape for life but he could sprint only ten or so paces, when he was assaulted as a result of which he fell down. The deceased then attempted to rise and save himself but he was against inflicted with injuries by (A-2) with Kodi/spde, (A-1) with an iron rod, and (A-3) with blunt side of a Tangia, as a result of which, he, the deceased, sustained as many as eleven external injuries on his body, became unconscious and squatted on the ground. Accused persons thereafter fled away from the incident spot. This incident was witnessed by Dushmant Kumar Garnaik/PW-1, Khageshwar Garnaik/PW-2, Pratap Kumar Garnaik/P.W.-3, Dolagovind Garnaik/PW-5 and many others. Initially, the injured deceased was lifted to Chhendipada Community Health Centre, where he was medically examined by Doctor Suresh Chandra Das/PW-6 at 5.30 P.M. but later on he was shifted to District Head Quarter Hospital, Angul, where same day in night at about 11 or 11.30 P.M. he lost the battle of his life and succumbed while under treatment.

(3.) FIR/Ext. 1, about the incident was lodged by PW-3 at police station Chhendipada on 10.1.2004 at 6. P.M., which was registered by Prakash Chandra Pal/PW-7, O.I.C. of the said police station as case No. 5 of 2004, who also drew formal FIR Ext. 1/3. PW-7 immediately set a foot the investigation, examined the informant, came to the incident scene and sketched spot map/Ext. 7. Albeit, injured Naresh was already under treatment in Chhendipada Community Health Centre, prior to the commencement of the investigation, yet the I.O. prepared requisition for his medical examination, vide Ext. 5/2. While inspecting spot, PW-7 had also seized weapons of assault in the presence of witnesses vide seizure memo Ext. 3. Spage and Tangia are material Exts M.O.I and II. After demise of the deceased crime was converted u/s 302/34 I.P.C. and inquest over the cadaver of the deceased was performed and his inquest report Ext. 2 was inked by this witness, subsequent to which the cadaver of the deceased was dispatched for conducting autopsy. After post mortem examination, wearing apparels of the deceased were seized by this witness vide Ext. 8, Attires consisted of one torn Gunjee, Sambalpuri Gamacha, a full shirt, and a Khurda Gamucha, all stained with blood, which were exhibited as M.Os. III to IV. Accused persons were arrested thereafter and their clothes, M Os. VII to IX, were seized vide Ext. 9. All the seized cloths were dispatched for chemical examination to Forensic Science laboratory, Rasulgarh through-S.D.J.M. Angul. Forwarding report in the respect is Ext 10. Report by Forensic Science Laboratory dated 28.5.2004, is Ext. 11 and serologist report dated 15.5.2004 is Ext. 12. Concluding investigation, I.O./PW-7 charge sheeted all the accused appellants for offences stated herein above.