JAYANTA DANDSENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant being convicted under Sec. 302 I.P.C. and sentenced to undergo imprisonment for life vide judgment and order dated 30.11.2004 passed by learned 2nd Addl. Sessions Judge, Sundargarh in Session Trial No.16/26 of 2004, has preferred this appeal. While under incarceration in Sundargarh District Jail, Sundargah, the convict-appellant wrote a letter to this Court, which has been treated as an appeal and registered as JCRLA No.17 of 2005. Pursuant to the direction of this Court dated 04.04.2005, to appoint a counsel from Legal Aid panel, M/s. S. Chakrabati, Miss T.Sinha and Mr.B.K. Sinha, Advocates had filed Vakalatnama through the Secretary, Orissa High Court Legal Services Committee, Cuttack. However, when the matter was taken up on 17.06.2016, none appeared on behalf of the appellant at the time of call. Thereafter, the matter was listed on 24.04.2018, on which date also, none had appeared on behalf of the appellant at the time of call. So, this Court, taking into consideration the age of the appeal and that the appellant is languishing in custody, requested Mr.P.Ramakrishna Patro, learned counsel to prosecute of the appeal. Accordingly, the matter was heard finally.

(2.) The prosecution was launched on the basis of the FIR lodged by one Kabiraj Naik (P.W.8) at Kinjirkela Police Station on 26.07.2003 alleging inter alia that on 26.07.2003, when he (informant) returned from his paddy field at about 6.00 P.M., he saw huge gathering in front of his house. His wife (P.W.6) and daughter-in-law (P.W.9) were also crying loudly and his son, namely, Sambaru Naik was lying dead with bleeding injuries on his belly and chest. He ascertained from his family members and villagers, namely, Dubaraj Naik, Lalindara Dandsena, Duari Naik, Dhaniram Dandsena and wife of Lingaraj Naik that at about 4.00 P.M. there was a verbal duel between the Jayanta Dandsena (the appellant) and Sambaru (deceased). The appellant had threatened to kill the deceased. The appellant had also given a slap to the deceased following which the deceased ran away from his house out of fear and informed Indramani Naik (P.W. 7) about the same. When he was returning to his house, the appellant stabbed the deceased by means of a Bhujali, as a result, the deceased fell down on the road in front of his house and succumbed to the injuries. When villagers rushed to the spot, the appellant ran away from the spot towards Police Station holding the said Bhujali. The incident was witnessed by the wife of Lingaraj Naik and uncle of the appellant, namely, Abhiram Naik. On his way to Police Station, the appellant disclosed the incident before Lalindra and Dhaniram. The appellant prior to one year of the incident was staying with his paternal uncle, Abhiram, who happens to be the neighbour of the informant. He had developed intimacy with the wife of the deceased, namely, Ukia (P.W.9). Sambaru (the deceased) protested the same and there was a meeting in the village. The appellant was warned not to have any chat with Ukia. Out of vengeance, the appellant committed the murder.

(3.) In course of investigation, P.W.14 also examined the informant Kabiraj Naik, Muga Naik, Ukia Naik, Sudhakar Naik, Abhiram Naik and Tribani Naik at the spot. He also prepared the spot map (Ext.9). Instructing P.W.13, a constable, to guard the dead body of the deceased at night, the I.O. returned to the Police Station at about 9.45 P.M. He examined the appellant at the Police Station and recorded his statement. At 10.00 P.M. he was arrested and the weapon of offence was seized vide seizure list (Ext.5). On the next day, i.e., on 27.07.2003, he also examined few other witnesses and held inquest over the dead body of Sambaru Naik in presence of witnesses. Thereafter, the dead body was dispatched for post mortem examination to the District Headquarters Hospital, Sundargarh. The I.O. also seized blood stained earth and sample earth from the spot in presence of the witness, vide seizure list Ext.2. The appellant was sent to Kinjirkela P.H.C. for his medical examination and for collection of blood samples and nail clippings. Thereafter, the wearing apparels of the appellant were seized and the appellant was forwarded to Court. On 28.07.2003, the wearing apparels of the deceased Sambaru were seized vide (Ext.3). The I.O. received the postmortem report on 14.09.2003 from the D.H.H., Sundargarh. On 25.09.2003, the said Bhujali was sent to the Medical Officer for his opinion, vide requisition Ext.10. The weapon of offence, wearing apparels of the deceased as well as the appellant, blood stained earth and sample earth, nail clippings and blood samples of the appellant/deceased were sent to S.F.S.L., Rasulgarh, vide Memo No.1689 dated 03.11.2003 after obtaining permission of learned S.D.J.M., Sundargarh. On completion of the investigation, charge sheet under Sec. 302 I.P.C. was submitted against the appellant on 11.11.2003. Accordingly, the appellant faced trial.