GOPINATH PARAJA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant was prosecuted for committing homicide by learned Sessions Judge, Koraput, Jeypore in Criminal Trial No. 170 of 2002, The State Vs. Gopinath Paraja, (emanating from G.R. Case No. 382 of 2002 relating to Boriguma PS. Case No. 66 of 2002) and was determined to be guilty of murder under Sec. 302 of I.P.C. and, therefore, was convicted for the said crime and was sentenced to imprisonment for life vide impugned judgment and order dated 04.10.2004, which verdict has now been assailed by the sole accused in the present Jail Criminal Appeal.

(2.) Prosecution allegations against the appellant, as unfurled before the Trial Court, stated briefly, reveal that Kamala Paraja (deceased) was the wife of the appellant Gopinath Paraja, resident of village Badapindhapadar, police station Boriguma, under Sargiguda Gram Panchayat, district Koraput and they had two sons, namely, Balaram Paraja/PW2 and Dhanurjaya Paraja/PW4. Both the sons are married having their own families and they live separately. Buna Paraja/PW3 is the wife of PW2, who both have a daughter aged about 3 years on the incident date. Appellant was a daily labourer and used to go for labour in the morning and returned by the evening. While appellant used to stay with Balaram/PW2, the deceased used to stay with Dhanurjaya/PW4. On the ill-fated day 30.5.2002, both the sons and their wives had gone to work and deceased and appellant were alone in their houses. It is alleged that in their absence appellant wanted to take bath at about 10 A.M. and, therefore, he asked his wife, the deceased, to look after the granddaughter, but since the deceased was in deep slumber in verandah she could not hear the command by the appellant. Outraged by the said, appellant had picked up a half brunt wooden plank and assaulted the deceased, who sustained a single bleeding injury on her head. After his return during lunch hours PW 4 saw his mother in the bleeding condition in verandah of house of PW2 and therefore he called his elder brother PW 2. On being asked as how she had sustained injuries, the mother was unable to reply. PW2 got the FIR about the incident, Ext. 5, slated down by Prasanna Kumar Mohanty/PW15, a co-villager, and then the same was lodged at police station Boriguma same day at 7 PM., after covering a distance 4 Kms. to the police station. Both the sons vainly tried to make medical help available to their mother by attempting to transport her to the hospital, but at Boriguma bus stand she succumbed to her injury. This incident had occurred on 30.5.2002 at 10 A.M. F.I.R. by PW2, Ext.5, was registered at Boriguma PS. as Case No. 66 of 2002 under Sec. 302 of I.P.C., arraigning the appellant as the sole accused. Harekrushna Majhi/P.W.11 , working as O.I.C., Boriguma P.S. had received Ext. 5 at 7 P.M. from informant Balararn Paraja (P.W.2) and had registered the case. Ext. 5/2 is the formal F.I.R. drawn by PW 11.

(3.) Engineering the investigation, P.W. 11 examined the complainant and other witnesses, commanded Constables Nilambar Majhi/PWS and Khagapati Majhi, through Command Certificate/Ext. 9 to proceed for the incident spot and guard the dead body. I.O. thereafter visited the spot and found the corpse of the deceased lying in the verandah. A spot map vide Ext. 11 was prepared and thereafter other witnesses were examined and their statements were slated down. Inquest on the cadaver of the deceased was performed vide Ext. 1 and subsequent to that at S.30 A.M. dead body of the deceased was dispatched to the Medical Officer, B. Singhpur P.H.C. for autopsy purposes through Constable Nilambar Majhi/PWS along with dead body challan/Ext. 10. Appellant was arrested at 10:30 A.M. by the I.O./P.W.11 and his wearing apparel, a lungi/M.O.V, was seized vide seizure list Ext.3/1. Blood stained earth from the spot and half burnt wooden plank/M:0.l, which was lying at the incident spot were seized through seizure list/Ext.2. Accused was forwarded to the Magistrate on 1.6.2002. The attires of the deceased, a green saree/M.O.II, internal wearing clothes/M.O.III, and a waist rope/M.O.IV, on production by the Constable Nilambar Majhi/PWS, were seized, vide seizure list Ext.8. Other witnesses, thereafter, were examined by the I.O. Autopsy report vide Ext.6 was received by the I.O. and thereafter he made a query from the doctor regarding the half burnt wooden plank being the weapon of assault. Doctor's opinion was received in affirmative. Ext.7 is the query made by the I.O. and Ext. 7/1 is the report by the doctor. Thereafter, the recovered blood stained and sample earth along with the apparels seized by the I.O. were sent to R.F.S.L., Berhampur by forwarding report Ext. 12 which was received and has been proved as Ext. 13. (sic) of the F.I.R. was examined and concluding the investigation the I.O. had charge-sheeted the appellant under Sec. 302 of I.P.O.