Decided on February 29,2020

Prasad Bariha Appellant


- (1.) The appellant Prasad Bariha faced trial in the Court of learned Sessions Judge, Bolangir in Sessions Case No. 86-B of 2002 for commission of offences punishable under sections 323/506/302 of the Indian Penal Code for committing murder of Parsuram Bariha (hereinafter 'the deceased'). The learned trial Court vide impugned judgment and order dated 06.08.2004 though acquitted the appellant of the charges under sections 323 and 506 of the Indian Penal Code but found him guilty under section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.
(2.) The prosecution case, as per the first informant report lodged on 27.01.2002 by one Smt. Samari Bariha (P.W.1) before the officer in charge of Patnagarh police station is that on that day at about 8.00 a.m., the deceased who was her younger son was guarding the cotton crop grown in the field and P.W.8 Giridhari Bariha was also with him. At that point of time, the appellant Prasad Bariha came there and had some conversation with the deceased and all on a sudden, the appellant assaulted the deceased by means of a bamboo stick on his head and after the deceased fell down on the ground, the appellant also assaulted on the chest of the deceased by means of a stone. P.W.8 ran away from the spot and came to the house of the deceased and intimated about the occurrence. It is the further prosecution case as per the first information report that Budu Sahu (P.W.2) and Seshadev Sahu (P.W.3) who were there at the spot, intervened while the occurrence was going on but they were also threatened by the appellant with dire consequences. 3 When P.W.1 reached at the spot, she found the deceased was lying on the ground with bleeding injuries. Immediately the deceased was shifted to Patnagarh hospital where he was hospitalized. On the basis of the first informant report lodged by P.W.1 Samari Bariha, the officer in charge of Patnagarh police station registered Patnagarh P.S. Case No.13 of 2002 on 27.01.2002 for offences punishable under sections 341/323/307 of the Indian Penal Code and S.I. N.K. Nanda, who was attached to the Patnagarh police station was entrusted by the officer in charge to investigate into the matter, who during course of investigation, issued injury requisition for the deceased who was then in an injured condition, visited the spot and also sent requisition for recording the dying declaration but the same could not be possible as the deceased was then in an unconscious state. Blood stained earth and sample earth were seized from the spot under seizure list (Ext.1). The weapon of offences i.e. stone as well as bamboo stick was also seized. The appellant was taken into custody and sent for medical examination. On 28.01.2002 P.W.11 Suresh Chandra Mishra took over charge of investigation from S.I. N.K. Nanda. When the deceased died during course of his treatment at Patnagarh hospital, inquest was held and inquest report was prepared vide Ext.3. Thereafter, the dead body was sent for post mortem examination and P.W.12 Durgadutta Das, Asst. Surgeon attached to S.D. Hospital, Patnagarh conducted post mortem examination and prepared his report Ext.12. The statements of the witnesses were recorded. The seized articles were sent for chemical analysis and ultimately on completion of investigation, charge sheet was submitted.
(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 sections 323/506/302 of the Indian Penal Code on 20.02.2003 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.;

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