SURENDRA BHAINSAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant being convicted under Section 302 I.P.C. and sentenced for life vide judgment dated 02.02.1999 passed by learned Sessions Judge, Sundargarh in Sessions Trial No. 217 of 1996 has filed this appeal.

(2.) The prosecution was launched on the basis of FIR lodged by one Brushava Bhainsal (P.W.1), which revealed that the informant (P.W.1) had been to attend call of nature to a tank situated in between Telaimal and Bandhadipa on 05.06.1996 at about 3.30 P.M. At that time, he saw one assaulting Sri Pramod Bhainsal (the deceased) by means of a Budia (axe). Said Pramod Bhainsal was the uncle of the informant. At that time, his (appellant's) elder brother, namely, Santosh Bhainsal came with the cycle of the deceased and threw it near the deceased. After said Surendra and Santosh left the place, the informant went to the spot and saw his uncle (Pramod), the deceased, was lying dead receiving cut injuries on his chest, neck and head. There was also profuse bleeding. Both the hands and legs of the deceased were also fractured. Subsequently, the informant learnt that after assaulting by lathi, both Surendra and Santosh lifted the deceased to the paddy field of Harihara Kumura (P.W.3) and thereafter he was assaulted by means of an axe by Surendra. Immediately after the incident, the informant went to his house and intimated the same to his father, namely Bihisma Bhainsal (P. W.2) and thereafter rushed to Gopalpur Outpost and presented a written report (Ext. 1) at about 6.00 P.M. Receiving the said report, the then ASI of the Gopalpur Outpost and presented a written report (Ext.1) at about 6.00 P.M. Receiving the said report, the then ASI of the Gopalpur Outpost, made a station diary entry and immediately sent the report to the OIC of Hemgir Police Station, where Hemgir PS. Case No. 42 dated 05.06.1996 under Sections 302/34 IPC was registered against Surendra Bhainsal @ Latu (the appellant) and his brother, Santosh Bhoinsal. As the FIR revealed a cognizable case, the OIC, Hemgir PS. (P.W.12) immediately took up investigation.

(3.) In course of investigation, he (P. W. 12) proceeded to the spot and took charge of the investigation from the ASI Gopalpur Outpost. He also directed his Constables to guard the dead body of the deceased till the next morning, when the inquest over the dead body was done in presence of witnesses and inquest report (Ext. 6) was prepared. He also prepared spot map Ext.5 and seized sample earth and blood stained earth from the spot in presence of the witnesses vide Ext.7. Thereafter, the dead body was sent for post-mortem examination, vide dead body challan Ext.9. The cycle of the deceased was also seized vide Ext:8. The Assistant Surgeon of the District Headquarters Hospital, Sundargarh (P.W.10) conducted the post-mortem and submitted his report vide Ext.3.