HRUSIKESH JAGAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by the accused -Appellant is directed against the Judgment slated 13.08.2004, passed by the Additional Dist. and Sessions Judge, Nuapada, in S.C. Case No. 61/6 of 2003, holding him guilty for the offence under Section 302 IPC and convicting him thereunder.'

(2.) THE case of the prosecution, in brief is that on 11.07.2002, father of the deceased (P.W.15) returned from his paddy field at about 3 P.M. and after taking his lunch took rest. The deceased, who was aged about ? years, returned from her school and took her lunch with her mother (P.W. 10) and accompanied her to the tube well of their village for cleaning the utensils. At that time, the sister -in -law of the informant Kusum Jagat (P.W.2) raised hulla that the accused after committing murder of the deceased near 'Doli' was running away by holding a 'kati' (M.O.VII) towards Kumbharpada. P.W. 15 went to the land of Paban Jagat and found the deceased was lying at the spot with cut injuries on her head, neck and shoulder and there was profuse bleeding. The informant took the deceased to a private Doctor and was given first -aid. Thereafter P.W.15 shifted the deceased to Misson Hospital, where she was declared dead. P.W.15 lodged a written report at Khariar Police Station, which was treated as an FIR and registered as Khariar P.S. Case No. 84/ 2002 under Section 302 IPC. During investigation, the I.O. (P.W. 19) examined the witnesses, prepared the spot map, collected the blood stained earth, sample earth, chopped hair of the victim stained with blood, three numbers of 'godus' from the spot & on return to the police station at 8.30 P.M., seized the weapon of offence (M.O.VII) & the wearing apparels of the accused & arrested the accused. The I.O. held inquest over the dead body of the deceased & despatched the dead body for post -mortem examination & also sent the accused & the weapon of offence 'kati' & the wearing apparels of the accused & the deceased to the Doctor for examination & opinion. On receipt of the postmortem report & completion of the investigation, charge sheet was submitted against the accused under Section 302 IPC.

(3.) THE prosecution, in order to substantiate the charge of murder against the accused, examined as many as 19 witnesses, out of whom, P.W.15 is the father of the deceased and P.W. 10 is the mother of the deceased, who are post -occurrence witnesses. P.Ws 1 and 4 are witnesses to the seizure of sample earth, blood stained earth, silver 'godu' and hair of the deceased from the spot. P.W.2 had witnessed the accused running away from the spot holding a kati (M.O.VII). P.W.3 had seen the deceased, one Laiban and Khira were going to attend the call of nature to the land of Paban Jagat and she had also seen the accused running away holding a kati (M.O.VII). P.Ws. 5 and 9 have stated about the arrival of the accused at the police station with kati (M.O.VII) and seizure of the same and the wearing apparels of the accused by the OIC, Khariar Police Station. P.W.6 is the witness regarding seizure of frock, chadi and napkin of the deceased along with gaz cotton. P.W.7 is a witness to the inquest and P.W.8 accompanied the dead body of the deceased to the hospital for post -mortem examination and produced the wearing apparels of the deceased before the OIC, which were seized under Seizure List (Fxt.3). P.Ws.11, 12 and 14 are the occurrence witnesses, who had seen the accused catching hold of the tuft of the deceased and giving the kati blow on the left side neck of the deceased and also had seen the accused running away towards Ranapada by holding the kati (M.O.VII). P.W.13 was the Doctor, who had conducted the post -mortem examination over the dead body of the deceased and had examined the weapon of offence (M.O.VII) and had also examined the accused. P.W.17 is the Revenue Inspector, who had demarcated the spot. P.W.18 is the J.M.F.C., Khariar, who had recorded the statement of P.W.14 under Section 164 Cr.P.C. P.W.19 is the I.O. and P.W.16 had submitted the charge sheet against the accused.