RANKANIDHI DAKUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 07.09.2001 passed by the learned Addl. Sessions Judge, Bhanjanagar-Aska, in Sessions Case No. 07 of 2000 (112 of 2000 GDC) in convicting the appellant for commission of offence under Sections 302 and 324 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 5000/- (rupees five thousand) only, in default to undergo rigorous imprisonment for one year for his conviction under Section 302 Indian Penal Code and to undergo rigorous imprisonment for one year for his conviction under Section 324 of the Indian Penal Code. Both the sentences are directed to run concurrently.

(2.) The prosecution case in brief is that on 08.03.1999 at 6.30 P.M. Hari Dakua (P.W.7), the brother of the deceased-Arjuna Dakua lodged an FIR in Buguda Police Station stating therein that on the same day at about 8.00 A.M., his deceased brother-Arjuna Dakua had gone to the village Bhagabanpur to invite his daughter and son-in-law (Present appellant). Due to some reason there were altercation between the deceased and the appellant. As a result of which the appellant along with his brother, mother and others assaulted the deceased when tried to protect her father, she was also assaulted by a kati for which she become injured and senseless.

(3.) After such FIR was lodged, Buguda P.S Case No. 27 (4) of 1999 was registered under Sections 302, 307 and 34 IPC. The Police held inquest over the dead body, which had been shifted to the deceased's house from the hospital. The I.O. forwarded the dead body for post mortem examination and took his injured daughter (PW 13) for medical examination. During examination he seized some pieces of glass bangles from the house of the appellant. He also seized sample earth, bloodstained earth. On 10.03.1999 he arrested the appellant and took him to custody. While in custody, the appellant led the police to seize the Kati. The Kati and other seized articles were sent to R.F.S.L. Berhampur for Chemical examination. After completion of the investigation, charge sheet was filed against the appellant for commission of offence under Section 302 and 307 IPC. The plea of the appellant was that he has been falsely implicated in this case.