DUSMANTA SETHY Vs. STATE OF ORISSA
HIGH COURT OF ORISSA
STATE OF ORISSA
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(1.) This is an appeal U/s.383 of the Cr.P.C . preferred by the appellant-convict against the conviction U/s.302 of the Indian
Penal Code ( in short 'the I.P.C .') and sentence to undergo rigorous
imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten
Thousand), in default to undergo rigorous imprisonment for 3 (three)
years vide judgment passed in S.T. Case No.2/4 of 2006 dated
19.12.2006 passed by the learned Adhoc Addl. Sessions Judge, Champua, Keonjhar.
(2.) Prosecution case, in short, is that on 1.8.2005 at about 6 P.M. in village Roida Camp, the accused dealt 'Dauli' blows to the
deceased causing bleeding injuries. The informant-son along with
others on being informed took the deceased to hospital but he was
declared dead. On that night written F.I.R. was lodged resulting
registration of Barbil P.S. Case No.174 dated 2.8.2005. Investigation
was ensued. The accused was found in the village. He was arrested
with 'Dauli' and one knife. The inquest over the dead body was made.
Post-mortem (vide Ext.6) was conducted by Dr. N. Mahunta, he was
expired on 23.08.2005. P.W.8-Dr. A.K. Dash gave opinion that the
injuries found could be caused by the seized "Dauli". The Investigating
Officer had sent all those seized articles including that "Dauli" for
Chemical Examination to S.F.S.L., Rasulgarh under Ext.13 but no
report was exhibited. The statement of one independent witness-P.W.7
was recorded U/s.164 of the Cr.P.C . vide Ext-5 being sponsored by the
Investigating Officer. After completion of investigation, P.W.9-
Investigating Officer submitted charge-sheet. Basing upon which
cognizance was taken by the learned JMFC, Barbil. The case was
committed to the Court of Session. Accused faced trial for offence under
Section 302 of the I.P.C.
(3.) In the trial, the accused took the plea of denial as well as insanity U/s. 84 of the IPC . The prosecution examined nine witnesses
in all. Defence examined none. P.W.1 is the informant whose brother
and mother are P.W.3 and P.W.6. P.W.4 is the witness to the seizure
and inquest. P.W.5 is a witness to the seizure. P.W.2, a post-occurrence
witness, is declared hostile. P.W.7 is an eye-witness. P.W.8 as stated
above a Doctor who has not conducted post-mortem but proved the
port-mortem report-Ext.6. P.W.9 is the Investigating Officer. The F.I.R.,
Inquest Report, Spot Map, statement U/s.164 of Cr.P.C . etc. are
exhibited vide Exts.1 to 12. But what is not exhibited is the report of
the Chemical Examination from S.F.S.L. The seized weapon of offence
'Dauli' was also not produced during trial.;
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