CHAKRADHAR SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant in this appeal seeks to assail the judgment and order of conviction dated 26th September, 2000 passed by learned Additional Sessions Judge, Balasore in S.T. Case No. 26/105 of 1998 (arising out of G.R. Case No. 1301 of 1997 of the Court of learned S.D.J.M., Balasore corresponding to Chandipur P.S. Case No. 38 dated 15.10.1997) convicting the appellant under Section 302 and 307 of Indian Penal Code (for short, "IPC") and sentencing him to undergo rigorous imprisonment for 7 years for commission of offence under Section 307 IPC. Both the sentences are directed to run concurrently.

(2.) Prosecution was launched on the basis of the FIR lodged in Chandipur Police Station by one Basanta Kumar Behera (PW-2), the brother of the deceased, namely, Basanti Behera, informing that the marriage between the his sister (the deceased) and the appellant was solemnized 12-13 years prior to the date of the incident. The appellant was then serving as a peon at Chandipur Military Engineering Service and was residing with the deceased and children, namely, Ashalata (the injured daughter) and two male children in the official quarter provided to him in the Defence Colony at Chandipur. On 15.10.1997, when the informant was on duty, he was informed by his younger brother, namely, Prasanta Behera that the appellant has murdered his wife, namely, Basanti by means of a "Katuri" (MO-1). The appellant had also brutally assaulted his daughter, namely, Asalata with the said weapon. On receipt of the information, the informant rushed to the house of the appellant and found huge gathering in front of the quarter of the appellant. On reaching the spot, the wife of one Sudhakar Prusty, namely, Satyabhama Prusty (PW-4) who was a neighbour of the appellant and few others present there informed him that on the ill-fated day at 11.00 AM, there was a quarrel between the appellant and his wife-Basanti and immediately thereafter the appellant came out of his house and disclosed before opposite party No.4 that he has killed his wife by means of "Katuri" and also assaulted his daughter. Disclosing the same, the appellant left the spot towards Police Station wearing a "Lungi" and "Ganji" containing blood stains. Entering into the house of the appellant, PW-2 found the dead body of his sister was lying on the floor with bleeding injuries on the backside of her neck and hand. The weapon of offence (blood stained 'katuri) was lying under the cot. He was also informed that the daughter of the Appellant, namely, Ashalata had been shifted to Balasore Government Hospital in un-conscious state for treatment. Thereafter, informant rushed to the Chandipur Police station and lodged the report at about 1.00 PM.

(3.) As the FIR revealed a cognizable case, the OIC, Chandipur PS (PW-10), registered the case as Chandipur Police Station Case No. 38 dated 15.10.1997 under Sections 302/307 of IPC and took up investigation. During the investigation, PW-10 examined the informant (PW-2), visited the spot, conducted of witnesses and prepared inquest report (Ext. 10). Thereafter, he sent the dead-body to District Headquarters Hospital, Balasore for post-mortem under dead-body challan Ext. 11 accompanied by a constable. He also seized one sharp-edged "katuri" in presence of the witnesses, a portion of which was containing blood stains. He also seized a piece of cement floor containing blood stains as well as sample cement floor under seized list Ext.1. He also issued injury requisition of the injured Ashalata vide Ext.4 / 2. On the date of incident, the appellant was arrested on his surrender before the Chandipur Police Station and the bloodstained "Lungi" and "Ganji" were seized vide Ext. 13 in presence of witnesses. The bloodstained apparels of the deceased along with earrings were seized vide seized list Ext. 7. The seized pair of earrings was given in zima of the informant under Zimanama (Ext.3). On 16.10.1997, the appellant was forwarded to the Court of learned SDJM, Balasore. After receipt of the post-mortem report under Ext.20. The seized "katuri" (MO-1) was sent to Dr.B.C.Samantray (PW-11) for his opinion as to whether the injury of deceased Basanti and daughter-Ashalata could be possible by means of MO-I. The "Katuri" and bloodstained clothes of the appellant and the deceased were also sent to the State Forensic Science Laboratory, Rasulgarh for examination vide Ext. 15. In course of investigation, the bed head ticket of Ashalata Samal was also seized vide Ext. 16 and was left in Zimanama of the concerned authority vide Ext. 17; the attendance register containing the name of the appellant was seized and left in zima of the concerned official vide Ext. 19. On completion of investigation, chargesheet under Sections 302 / 307 of IPC was filed against the appellant. The case was thereafter committed to the Court of Additional Sessions Judge, Balasore for trial.