DEBULA ALIAS DEBENDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment dated 20.09.2001 passed by the learned Addl. Sessions Judge, Cuttack in S.T Case No. 185 of 2000 convicting the appellant under Sections 449 / 302 / 307 / 34 of I.P.C. read with Section 5 of the Explosive Substance Act and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that on 21.03.1998 at about 4.00 P.M. when one Kina Sahu along with his friend Madhaba @ Samarendra Mohanty were sleeping in the "bari" land of his house, at that time one Jhulan Nayak came rushing to that place and intimated the Kina Sahu and Madhaba that appellant Debula @ Debendra along with his associates being armed with sword, bombs and others weapons were rushing towards them to do away with their lives. On hearing, Madhaba and Kina hurriedly went to the house of Gadei Nayak and they concealed themselves in the kitchen room of Gadei Nayak. Appellant Debula along with his associates being armed with sword, bombs went to the house of the deceased for which his brother, the informant-Ulas Sahu forcibly entered into the house of his neighbour Gajendra Sahu out of fear and the appellant Debula along with his associates rushed to the houses of Gadei Nayak and exploded bombs there. It is alleged that the appellant assaulted Kina as well as Madhaba with sword, for which Madhaba received bleeding injuries while Kina died at the spot in the kitchen room of Gadei Nayak. On the basis of the First Information Report, lodged by the informant, the brother of the deceased Niali P.S. Case No.28 of 1998 was registered and investigation was taken up.

(3.) The Investigating Officer seized the blood stained broken door as well as blood stained bamboo carrying scale and blood stained wooden stick besides a pair of chapel etc. from the spot as per the seizure list under Ext.7. The wearing apparels of the deceased as well as the nail clippings, sample hair all stained with blood, collected by the Medical Officer was also seized by the Investigating Officer as per the seizure list under Ext.8. The blood stained seized materials were sent for chemical examination as per the forwarding letter under Ext.9 and the Chemical Examiner's report under Ext. 10 suggests that the said blood stains on the exhibits was human blood. After completion of the investigation, charge sheet was submitted for commission of offences under Sections 449 / 302 / 307 / 34 of I.P.C. and Section 5 of Explosive Substance Act against the appellant and another namely Gyan Ranjan Mohanty. The prosecution has established its case against the appellant whereas failed to prove its case against accused Gyan Ranjan. In the result Gyan Ranjan was not found guilty for the aforesaid offences and accordingly he was acquitted under Section 235 (1) of the Code of Criminal Procedure. Some accused persons were absconded and against them the trial was split up by the Sessions Court.