LANGE MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The prisoner (hereinafter referred to as "the accused") assails the judgment dated 27.01.2016 rendered by the learned Sessions Judge, Phulbani in S.T. No. 246 of 2001 convicting him under Section 304, Part-II of the Indian Penal Code, 1860 (for short "the IPC") and sentencing him to undergo R.I. for seven yeas and to pay a fine of Rs. 10,000/-, in default, to undergo R.I. for a further period of six months. However, the learned trial court held the accused not guilty of the charge under Section 52A(a) of the Bihar & Orissa Excise Act, 1915 (for short "the Act") and acquitted him thereunder.

(2.) Briefly stated, the case of the prosecution is that on 24.08.2007, the then L.I.C., Baliguda Police Station, namely, Purna Chandra Nayak (P.W.13) when got an information as to the unnatural death of one Abneswar Mallick, he registered Baliguda P.S. U.D. Case No. 16 of 2007 dated 24.08.2007 and directed S.I. - Nabakishore Samal (P.W.11) to inquire into the matter. In course of inquiry, P.W.13 ascertained from the Chemical examination report of viscera of the deceased (Ext. 7) that cause of death was due to "Organophosphorous insecticidal poison". On further inquiry, it was ascertained that on 24.08.2007 at about 10 a.m., accused - Lange Mallick, deceased Abneswar Mallick and prosecution witness - Nirasa Mallick (P.W.1) had distilled Mahua liquor in the house of the accused for the purpose of obsequies of his daughter-in-law. It was alleged that the accused had added some noxious drug substance to make Mahua liquor more intoxicant. After taking such spurious/noxious liquor, the deceased and P.W.1 fell ill. While P.W.1 recovered, the deceased died on 25.08.2007 while undergoing treatment in Baliguda S.H. Hospital. On such information, the Inquiring Officer, S.I. - Naba Kishore Samal (P.W.11) drew up plain paper F.I.R. (Ext. 5) on his own information. On receipt of such information, the I.I.C., Baliguda Police Station (P.W.13) registered P.S. Case No. 194 dated 24.11.2007 under Section 304 of IPC and Section 52A(a) of the Act and took up investigation of the case. Subsequently, S.I. - Krushna Prasad Pattnaik (P.W.12) took up investigation of the case. After due investigation, charge-sheet was filed against the accused under Section 304 of I.P.C. and Section 52A(a) of the Act. In due course, the case was committed to the Court of Session for trial. The accused abjured his guilt. To substantiate its allegation, the prosecution examined 13 witnesses and also exhibited 10 documents. However, no Material Objects produced and proved on behalf of the prosecution. On conclusion of the trial, the learned trial court placing reliance on the testimony of the prosecution witnesses viz. P.W.1 coupled with inference drawn on Ext. 7, held the accused guilty under Section 304, Part-II of IPC and sentenced him as aforesaid while holding him not guilty under Section 52A(a) of the Act.

(3.) I have heard Mr. J.K. Panda, the learned Amicus Curiae on behalf of the accused and Mr. C.R. Swain, the learned Addl. Standing counsel appearing for the State.