DHANESWAR KANHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and the order of sentence dtd. 19/5/2016 passed by the learned Sessions Judge, Phulbani, in Sessions Trial No.212 of 2011 arising out of G.R. Case No.217 of 2011 corresponding to Phiringia P.S. Case No.19 of 2011 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Phulbani. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302/447 of the Indian Penal Code, 1860 (for short, 8the IPC9). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.500.00 (Rupees Five Hundred) in default to undergo rigorous imprisonment for one (1) month for commission of the offence under Sec. 302 of the IPC and undergo rigorous imprisonment of one (1) month and pay fine of Rs.100.00 (Rupees One Hundred) for commission of the office under Sec. 447 of the IPC, with the stipulation that the substantive sentences would run concurrently.

(2.) Prosecution Case:- On 11/12/6/2011 around 1.00 a.m., Gurban Kanhar (deceased) was sleeping on a cot in his courtyard and his wife, namely, Kituri Kanhar (P.W.5) and son Sarat Kanhar (P.W.15) and his mother were sleeping nearby on the floor. It is stated that the accused, being armed with an axe, all of a sudden appeared there in the courtyard and it was in a bid to take revenge for the death of his wife. Despite resistance and without caring the same, the accused is said to have inflicted three blows on the neck and chest of Gurban (deceased) resulting his death. The wife (P.W.5), the son (P.W.15) and mother of the deceased then cried saying 'Maridela Maridala'. Hearing this, co-villager, namely, Parikhia Bagarti (P.W.1) and others rushed to the place and saw the deceased lying dead on the cot with injuries on his neck and chest etc. The wife (P.W.5), son (P.W.15) and mother then narrated the incident to them. On the day following, Parikhita (P.W.1) lodged the written report (Ext.1) with the Assistant Sub-Inspector of Police (A.S.I-P.W.17) attached to Phiringia P.S., who, in the absence of Officer-in-Charge (OIC) of said P.S., was discharging the duty as such. Receiving the said written repot (Ext.1) from P.W.1, he (P.W.17) treated the same as FIR and registering the case, took up investigation.

(3.) In course of investigation, he (P.W.17) examined the informant (P.W.1) and other witnesses. The accused, having surrendered at the P.S. carrying the axe, he was taken to custody and his statement was recorded followed by the seizure of the axe under the seizure list (Ext.4). The A.S.I. of Police (P.W.17) then visited the spot and prepared the spot map (Ext.16). He also held inquest over the dead body of the deceased and prepared his report to that effect in presence of the witnesses (Ext.3/1). He collected and seized the blood stained earth and sample earth under the seizure list (Ext.2/1) and sent the dead body for post mortem examination by issuing necessary requisition. He also seized other articles, which according to him, were incriminating. The accused was forwarded in custody to to Court. On 22/6/2011, he (P.W.17) handed over the charge of the investigation of the case to the Officer-in-Charge (OIC-P.W.18), who came to join. He (P.W.18) received the post mortem report and sent the same for chemical examination through Court. On completion of the investigation, Final Form placing the accused to face the Trial for commission of the offences under Sec. 302/447 of the IPC was submitted.