SIBARAM MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and order of sentence. On 05.07.2002, at about 1.30 P.M., one Dasarath Nayak was working in his agricultural field (stated to be cutting paddy from his field). He heard 'hallah' from a distance and turned his attention to the road, i.e. situated at a distance from the paddy field and saw that the accused-convict, namely, Sibaram Mohanta was assaulting the deceased, his own father, by means of a stone. The said witness further saw the accused to be running away from the spot. Hence, he rushed to the village and informed the matter to Lokanath Nayak (P.W.3) and Duryodhan Nayak (P.W.2). They chased the accused and Duryodhan caught hold of him. Then, on their asking, the convict told that he assaulted his father due to anger. These three persons brought the convict to the spot where they found that the deceased was lying dead in a pool of blood. One Kedarnath Naik, Ward Member of the village was informed, who in turn, lodged FIR before the Officer In-Charge, Keonjhar Sadar Police Station, who in turn registered P.S. Case No. 111/2002 for the alleged commission of offence under Section 302 of the Indian Penal Code, 1862, hereinafter referred to as 'the IPC' for brevity and took up the investigation of the case. Out of the aforesaid case, the case, bearing S.T. Case No. 13/21 of 2003-04 (G.R. Case No. 566/2002) arose and after being committed, the same came to the court of Adhoc Addl. Sessions Judge (F.T.), Keonjhar for trial.

(2.) In course of investigation, the Investigating Officer examined several witnesses, made seizures, visited the spot, dispatched the dead body of the deceased for post-mortem examination, arrested the accused and forwarded him to court. He after receiving the post-mortem report made further queries from the doctors, who had conducted the post-mortem examination over the dead body of the deceased and then finally after completion of investigation finding a prima facie case against the petitioner submitted charge-sheet under Section 302 IPC, inter alia stating that the petitioner has committed murder of his father on 05.07.2002, at 1.30 P.M. on the village road near Sahebkata jungle.

(3.) In course of trial, the convict-accused-appellant pleaded not guilty and took the plea that his father fell down from a 'Sal' tree and sustained injuries and, therefore, he died.