MAGASIRA SAHU Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal by the sole appellant-Magasira Sahu is to the impugned judgment and order dated 23.07.2007 recorded by Additional Sessions Judge (Fast Track Court), Bargarh in C.T. Case No. 416/90/24 of 2003-07 State of Orissa v. Magasira Sahu, relating G. R. Case No. 72 of 2003 of JMFC, Barpali emanating from P. S. Case No. 72 of 2003 of the same Police Station. Appellant has been held to be guilty U/s. 302 of IPC and has been sentenced to imprisonment for life by the learned trial judge.

(2.) In an abridged form, the prosecution story, as was disgorged at the Police Station, later on trotted out during investigation and testified before the learned trial judge, revealed that one Kirtan Sahu PW-12 is a resident of Mouza-Barpali, Police Station-Barpali, Dist-Bargarh. Kirtan Sahu had two sons, namely, Sudam Sahu and Subal Sahu. Jayanti is the wife of Sudam, whereas Anita is the wife of Subal Sahu. Sudam and Subal had two sibling sisters, namely, Ketaki (deceased) who was married to Jagannath Barik and Rabati PW-13 who was married to one Kalanjar Pradhan. Further prosecution case is that, in a case of murder of daughter-in-law Jayanti, wife of Sudam, informant Kirtan Sahu PW-12 along with his wife, son and deceased Ketaki were arraigned as accused. Because of involvement of Ketaki in the aforesaid murder case that Jagannath Barik, her husband, who was resident of village Julat, had disowned her and since then Ketaki-deceased was residing with the informant at his village. Two days prior to the present incident Ketaki had gone to another village Remta. In her absence, when informant PW-12 was also not present in his house, that it is alleged, that the present appellant trespassed into the house of the informant, when Rabati PW-13 and Anita wife of Subal were sleeping on the roof, and he snatched away a gold chain/necklace of Anita and also committed a theft of Rs. 2000/-. After return of Ketaki (deceased) that she demanded return of stolen article and the money from the appellant as she intended to lodge an FIR against the appellant regarding that theft incident. On threatening by the deceased-Ketati, that the appellant entered into an agreement/settlement with her and promised to return the stolen article which in fact he did not do. Further prosecution case is that on the ill-fated day on 22nd of June, 2003 the two sibling sisters Ketati and Rabati, after bathing in the pond, were returning to their house when in the mid way they came across the present appellant, who threatened Ketaki for endeavoring to lodge an FIR against him. Ketaki however, did not retorted at that point of time and both the sisters came back to their house and went on their roof and started spreading their wet clothes. Meanwhile the appellant, concealing a TABLI (Small Tangia) under a shawl came to the house of the deceased and the informant and started vetuparising the deceased filthily. Deceased came down from the roof and forbade the appellant from using abusive words and told the appellant that she will report the matter. Saying so, the deceased turned around and at that point of time the appellant whisked out TABLI from under his shawl and inflicted three successive blows on the deceased. The first one, on her head and left ear causing extensive injury on her head. When the injured tried to save herself by raising her hand, the second blow was given on her hand. Deceased squatted on the ground and though she was transported to the hospital in an ambulance but the doctor declared her dead. Informant-father PW-12 reported the matter at the Police Station on the same date at 10:00 PM orally which was taken down by the I.O. PW-11 who registered P. S. Case No. 72, U/s. 302 of IPC against the appellant.

(3.) Purandar Bhoi PW-11 S.I. of Police, P.S.-Barbil had registered the crime on the oral dictation of the informant and had prepared the F.I.R. Ext. 5. Sudam Pradhan, son of the informant had accompanied his father to the police station for the purposes of lodging the F.I.R. and he has also signed the registered First Information Report. PW-11 immediately engineered the investigation, examined the informant as well as Sudam Pradhan. It is noted here that prior to registration of the formal F.I.R., at the dictation of the informant, on the strength of a telephonic message received at 8:20 PM, that a Station Diary Entry No. 419 was also prepared at the same Police Station. A.S.I., G. Kalo and R. C. Mishra were already deputed to verify the facts. At 9:30 PM A.S.I., G. Kalo had informed PW-11 regarding shifting of injured Ketaki to Government Hospital, Barapali. At 10:00 PM, the F.I.R., as already noted, was registered.