BIRASINGH SAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Birasingh Say has challenged the impugned judgment and order dated 02.11.2002 passed by the learned Adhoc Addl. Sessions Judge, Fast Track Court No.II, Puri in S.T. Case No.22/214 of 2002 in convicting him for the offence under section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of five years.

(2.) The prosecution case as per the first information report lodged by the Superintendent, District Jail, Puri on 30.11.2001 before the Officer in charge of Kumbharpada police station is that the appellant was confined in ward no.13 of the District Jail, Puri and he assaulted another under trial prisoner namely Partha Sarathi Mishra (P.W.6) with a broken brick over his head while the later was sleeping, as a result of which P.W.6 sustained fatal head injury and was shifted to District Headquarters Hospital, Puri. On receipt of the first information report, Kumbharpada P.S. Case No.192 of 2001 was registered under section 307 of the Indian Penal Code against the appellant by the Officer in charge and P.W.7 Makar Hota, S.I. of police was entrusted to investigate the matter by the Officer in charge. During course of investigation, P.W.7 visited the spot, examined the witnesses, sent injury requisition for the injured. He also seized lungi, napkin, brick stained with blood as per the seizure list Ext.4 and further seized the discharge certificate, brain scanning report, report of the neurologist of the injured as the injured was hospitalized at S.C.B. Medical College and Hospital, Cuttack as per seizure list Ext.5. After completion of investigation, charge sheet was submitted on 10.04.2002 under sections 307 / 326 of the Indian Penal Code.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under section 307 of the Indian Penal Code and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.