MESHWAR PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in S.C. No. 191 of 2000 convicting for ten years under Section 307 of the I.P.C.

(2.) Prosecution case in brief is as follows : In the night of 17/18-8-1999 at about 12.10 a.m. the P.I.C. Badabazar P.S. received an anonymous telephone call regarding assault on a rickshaw puller at Diamond Tank Road. He entered the information in the station diary book under S.D.E. No. 342, dated 18-8-1999. Being directed by him, P.W.3 the Sub-Inspector of Police along with P.W.4 the Assistant Sub-Inspector of Police, P.W.5 the Havildar, P.W.6 the Police Constable and other police officials proceeded to the spot where the injured P.W.1 was found lying with injuries on his person and blood stains on his wearing apparels in front of Satyasai temple on a rickshaw. On enquiry it was ascertained that he was, assaulted at about 12.00 in the mid night by an unknown person within the age group of 20 to 25 by means of a piece of cement slab. The assailant fled away after assaulting P.W. 1, P.W. 1 was shifted to the M.K.C.G. Medical College and Hospital, Berhampur. P.W.3 further ascertained that P.W.8 saw the occurrence when he was returning to his home. The report Ext. 2 submitted by P.W.3 was registered as F.I.R. and P.W. 14 the S.I. of Police was directed to take up investigation. In course of investigation, witnesses were examined and articles, including piece of cement slab M.O.-III, were seized. Injured P.W. 1 was medically examined by P.W. 11. Upon apprehension of the appellant, he was subjected to polygraph and hypnotism test. Also, Test Identification Parade was conducted by P.W.12, the J.M.F.C. (Transport), Berhampur, in course of which P.W.8 identified the appellant. On completion of investigation, charge-sheet was submitted against the appellant.

(3.) Defence plea was one of denial to the charge.