SHYAMA GANDA @ HARIJAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The convict in Criminal Trial No. 42 of 2002 (S.C. No. 56 of 2002/S.C. No. 143 of 2001) has filed this appeal under Section 374 Cr.P.C. assailing the judgment and order of conviction and sentence dated 29.04.2004 passed by learned Ad hoc Addl. Sessions Judge, Jeypore in the aforesaid case convicting him under Section 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs.2000/- and in default, to undergo R.I. for a further period of six months.

(2.) Briefly stated, the prosecution was launched against the appellant on the basis of the F.I.R. lodged by one Gopi @ Gopinath Harijan (P.W.3) at B. Singpur Police Station on 18.12000. From the F.I.R., it revealed that on 17.12000, which was a Sunday, the deceased along with about 20 numbers of co-villagers purchased a bullock from one Prabhudan Harijan for a consideration of Rs.620/-.

(3.) In course of investigation, the Investigating Officer recorded the statements of witnesses, held inquest of the corpse and sent the dead-body for postmortem. The Investigating Officer (for short 'I.O.') also seized the sample earth and blood stained earth from the spot. The accused was arrested and his statement was recorded under Section 27 of the Evidence Act. He led the I.O. to the house of his aunt, namely, Kamala, wherefrom the weapon of offence was recovered and seized in presence of the witnesses. The wearing apparels of the appellant were seized and he was forwarded to the court. Subsequently, the wearing apparels of the deceased were also seized. The nail clippings and sample blood of the appellant were also collected. After receiving the post-mortem report (Ext.17), the I.O. made a query (Ext. 13) to the Medical Officer (P.W.10) to verify as to whether the injury found on the corpse of the deceased was possible by the weapon of offence (M.O.1) to which the Medical Officer answered in affirmative (Ext.13/2). All the seized articles were forwarded to R.F.S.L., Berhampur for further examination. On completion of investigation, charge-sheet was submitted against the appellant for commission of offence under Section 302 I.P.C.