STATE OF ORISSA Vs. TATANA @ OM TATSAT ACHARYA

JUDGEMENT

(1.) IN this Government Appeal, the order of acquittal dated 21 st January, 1994 passed by learned 1st Addl. Sessions Judge, Cuttack acquitting the accused -Respondent from the charge under Section 302 of the Indian Penal Code, in short, "IPC" in Sessions Trial No. 375 of 1992 but then convicting him under Section 304, Part -II, IPC and sentencing him to undergo R.I. for five years only, is assailed by the State.

(2.) ON the basis of the said report, ASI, Bayalisimouza Out -post made a station diary entry, took up preliminary investigation, sent a report to the O.I.C., Sadar Police Station, Cuttack for formal registration of the case. On the basis of such information, P.S. Case No. 106 of 1992 under Section 302, IPC was registered. Subsequently, however, the OIC, Sadar Police Station took over investigation, examined the witnesses, made spot visit, seized the incriminating materials like blood -stained earth etc., utilized the services of Scientific Officers, seized the incriminating weapon, caused inquest over the dead -body at SCB Medical College and Hospital, sent the same for post -mortem, sent the knife to the doctor, who conducted autopsy for his opinion, seized the wearing apparels of the deceased and sent the same for medical examination, sent the blood -stained knife and earth to Forensic Science Laboratory and after completion of investigation, submitted charge -sheet in the Court of learned JMFC (R), Cuttack in G.R. Case No. 449 of 1992. Learned JMFC after going through the police papers and on being satisfied, took cognizance of the offence and committed the case to the Court of Session for trial.

(3.) IN order to substantiate their case prosecution got examined fifteen witnesses. Out of them, P.Ws.1 and 2 were the eye witnesses to the occurrence, P.W.3 is a seizure witness, P.W.4 is the auto driver, who shifted the injured to Bentkar PHC and then to SCB Medical College, P.W.5 is the record keeper of SCB Medical College and Hospital, in whose presence, the bed -head ticket was seized, P.W.6 is the informant and also an eye witness to the occurrence so also P.W.7, P.Ws.8, 9 and 11 are seizure witnesses, P.W.10 is the Medical Officer of Bentkar PHC, who examined the injured at initial stage and referred the matter to SCB Medical College and Hospital, P.W.12 is the ASI, who received the F.I.R., P.W.13 is the doctor, who operated the injured, P.W.14 is the doctor, who conducted the post mortem and P.W.15 is the OIC, who took over investigation and submitted charge -sheet.