MD. SADAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants, in this Appeal, assail the judgment of conviction and order of sentence dtd. 17/3/2015 passed by the learned 1st Additional Sessions Judge, Sambalpur, in S.T. Case No.73/27 of 2010 arising out of C.T. Case No.1981 of 2009 corresponding to Sambalpur Town P.S. Case No.288 of 2009 in the Court of the learned SubDivisional Judicial Magistrate (S.D.J.M.), Sambalpur. The Appellants (accused persons) thereunder have been convicted for committing the offence under Sec. 302/34 of the Indian Penal Code, 1860 (for short,'the IPC') and accordingly, each of them, has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 (Rupees Ten Thousand) in default to undergo rigorous imprisonment for one (1) year.

(2.) Prosecution Case:- On 8/12/2009, around 10.30 a.m., while Abdul Kalam, with his two friends, were going on a motorcycle to purchase goats; on the Ring Road near Hatpada, these accused persons along with Chotu @ Md. Dahid, Faku, Md. Mehasin @ Bitu, Md. Papu and Debar @ Md. Firoz, chased the deceased and demanded money from said Abdul Kalam (deceased). When the deceased refused, they assaulted the deceased by means of deadly weapons like Bhujali, Gupti etc. for which, the deceased sustained bleeding injuries and fell down. It is further stated that then those assailants took away cash of Rs.22,100.00 from the deceased and threatened to kill the friends of the deceased, then mastering courage, if they would disclose their names to anybody. The friends of the deceased telephoned to the father of the deceased, namely, Abdul Hanif, who took the deceased to Sadar Hospital, Sambalpur. As the condition of the deceased became serious, he was referred to V.S.S. Medical College & Hospital, Burla for better treatment. However, he succumbed to injuries. The information in writing being submitted by the father of the deceased to the Inspector-in-Charge (IIC) of Sambalpur Town Police Station, Town P.S. Case No.288 of 2009 was registered and SubInspector of Police (S.I.), namely, B.N. Patra (P.W.23) was directed to take up the investigation. During investigation, the Investigating Officer (I.O.-P.W.23) examined the Informant (P.W.21) and recorded his statement under Sec. 161 of the Code of Criminal Procedure, 1973 (for short,'the Cr.P.C.').He visited the spot, prepared the spot map, seized the sample earth and blood stained earth and prepared the seizure list. He also recorded the statements of other witnesses under Sec. 161 Cr.P.C and seized the motorcycle on which the deceased and his friends were travelling when intercepted. He held inquest over the dead body of the deceased and prepared the report (Ext.4). The dead body of the deceased was then sent for post mortem examination by issuing requisition. The I.O. (P.W.23), in course of investigation, also seized the knife, wearing apparels and other incriminating articles. The accused persons, being arrested, were forwarded in custody to Court. On completion of the investigation, the Final Form was submitted placing the accused persons to face the trial for commission of offence under Sec. 341/302/34 IPC.

(3.) The plea of the defence is that of complete denial and false implication. They, however, have not led any evidence in support of said defence.