SURENDRA DHARUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 8th January, 1996 passed by learned Sessions Judge, Bolangir, convicting the appellant for commission of offence under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life in S. C. No. 61 of 1995 are assailed in this appeal.

(2.) THE criminal action was set to motion by an information given by Gobinda Dharua, p. W. 4, which was reduced to writing by P. W. 13, the then O. I. C. , Lusinga Police station. It is alleged that in the early morning of 24th December, 1994 the dead body of khedu Dharua was found lying with poolof blood on the floor of the temple of Lord radha Krishna Jew situated at Badibahal. Hearing the said news, several villagers gathered so also Purna Dharua, P. W. 5, the nephew of the deceased. Noticing the said scene, he rushed to his house and intimated the other inmates of the family. Then he went to the police station with his brother gobinda Dharua, P. W. 4 and lodged the f. I. R. On the basis of the said F. I. R. , lusinga P. S. Case No. 113 of 1994 was registered, which was subsequently converted to G. R. Case No. 291 of 1994 in the Court of JMFC, Lusinga and P. W. 13, the O. I. C. , took up investigation.

(3.) IN course of investigation, P. W. 13 visited the spot, prepared spot map (Ext. 10), seized a pair of chapal, scrapings of the blood stains of the cemented floor and the R. O. R. , which was kept in a bag, held inquest over the dead body and sent the same for post-mortem. He also examined number of witnesses. P. W. 5 in the F. I. R. , had given the names of some suspects including the name of the accused Surendra Dharua. The o. I. C. called all the suspects to the police station for interrogation. It is alleged that on 30th December, 1994 when the accused was in his custody, he confessed to have killed Khedu Dharua and also disclosed where he had kept the Bhujali used as a weapon. P. W. 13 took the accused to his house where on production, it is alleged, he seized the Bhujali (M. O. II), one rag and an envelope containing xerox copy of the judgment in T. S. No. 85 of 1994 under the seizure list marked Ext. 8. He also seized the wearing appare, i. e. , lungi of the accused under seizure list, Ext. 15. He produced the accused before the J. M. F. C. , Lusinga with a prayer to record his statement under section 164, Cr. P. C. on 29-12-1994 and thereafter on 31-12 -1994 when the statement was recorded. After sending the M. Os. including the wearing apparels and Bhujali to R. F. S. L. , Sambalpur, he submitted the charge-sheet. On the basis thereof, the case was committed to the Court of Session and registered as S. C. No. 61 of 1995. To substantiate the case, the prosecution got examined 15 witnesses and exhibited 19 documents. On behalf of the defence, neither any oral evidence was adduced nor was any document marked. Out of the prosecution witnesses, P. W. 5 is the informant, P. W. 6 is the priest of the temple of Lord Radha krishna Jew, P. W. 7 is the doctor, who conducted the autopsy vide Ext. 5, P. W. 15 is the J. M. F. C. , Lusinga who recorded the statement of the accused under Section 164, cr. P. C. vide Ext. 19, P. Ws. 12, 13 and 14 are the police officers (P. W. 13 being the I. O.), P. W. 2 is a witness to the inquest, P. W. 10 is a witness to the seizure of Bhujali (M. O. II) seized under the seizure list, Ext. 8, P. W. 9 speaks about the extra-judicial confession said to have been made before him. All the other witnesses, mostly speak about the existing enmity between the family of the accused and deceased regarding certain landed properties.