LACHHAMAN BHATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant by filing this Appeal from inside the jail has challenged the judgment of conviction and order of sentence dtd. 18/1/2016 passed by the Additional Sessions Judge, Nabarangpur in Criminal Trial Case No. 188 of 2015(T) arising out of G.R. Case No.441of 2015 corresponding to Papadahandi P.S. Case No.70 of 2015 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Nabarangpur. The Appellant (accused), thereunder, has been convicted for committing offence under Sec. -302 of the Indian Penal Code, 1860 (for short 'the IPC'). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 in default to undergo rigorous imprisonment for one year.

(2.) The prosecution case is that on 14/5/2015 around 2 pm, Trinath Bhatra, son of Pudan Bhatra (Informant-P.W.10) was returning to his house with one Bali Bhatra (P.W.4) on a motorcycle. It is stated that on the way, near the house of Sriram Naik (P.W.3), having noticed accused holding a bamboo stick was hurling abusive words, they stopped their motor cycle. It is then stated that Trinath asked accused, the reason for such hurling of abusive word and asked him to refrain from doing so. At this, the Accused got enraged and dealt a blow by means of bamboo stick on the head of Trinath. Receiving the said blow, the Trinath fell down and thereafter the accused dealt another blow by the said bamboo stick on his head. Seeing this Bali Bhatra, P.W.4 raised hullah saying 'Marigala Marigala'. Hearing the hullah, when the villagers arrived at the spot, accused fled away carrying that bamboo stick. An Ambulance being immediately called injured Trinath was shifted to Papdahandi Medical, then to District Headquarter Hospital, Nabarangpur for treatment. Thereafter, he was taken to the Hospital at Koraput where he succumbed to the injuries while undergoing treatment. The father of Trinath (P.W.10) then lodged a written report with the Inspector-In-Charge (IIC), Papadahandi Police Station. Receiving the said report, the IIC treated it as the F.I.R. and upon registration of the case, took up investigation.

(3.) In course of investigation, the I.O.(P.W.21) examined the Informant and visited the spot where he also examined other witnesses. From the spot, he seized the sample earth and blood stained under the seizure list and having arrested the accused, he seized the stick (M.O.I) from his possession under proper seizure list. In the hospital, the I.O. (P.W.21) held inquest over the dead body of the deceased and prepared the report (Ext.1) to that effect. The dead body was then sent for postmortem examination by issuing requisition. Some other incriminating articles were also seized in course of investigation. All those incriminating articles were sent those for chemical examination through Court. On completion of investigation, Final Form was submitted placing the accused to face the Trial for commission of offence under Sec. -302 of the IPC.