SANTA ALIAS SANTU MUKHERJEE Vs. STATE OF ORISSA

JUDGEMENT

(1.) Learned Trial Court found the appellants in all the aforesaid appeals guilty of offence under Section 302/34, I.P.C. and sentenced each of them to suffer imprisonment for life. As all the aforesaid appeals arise out of the judgment and order of sentence passed by the learned Second Additional Sessions Judge, Cuttack in Sessions Trial No. 115 of 1998, they are taken up together for disposal by this common judgment.

(2.) The occurrence happened at about 2 A.M. in the night of 13/14.08.1997 near Hotel Lords situated under Purighat P.S. of Cuttack town. Surendra Sen (P.W.5), who happens to be the elder brother of deceased Anil Kumar Sen, lodged F.I.R. in Purighat P.S. at 7.30 A.M. on 14.08.1997. It is alleged in the F.I.R. that at about 2 A.M. on 13.08.1997, he (P.W.5) heard from Bhaskar Rao (Appellant in Criminal Appeal No.317 of 1999) and Kabu (P.W.3) that Anil Kumar Sen has been thrown near Lords Hotel after being assaulted. Surendra Sen (P.W.5) rushed near the Lords Hotel and saw his brother Anil Kumar Sen lying with injuries. He (P.W.5) brought him to the nearby ''Chautara'' of the ''Sahi'' and subsequently shifted him to the hospital. The deceased succumbed to the injuries on the same night while undergoing treatment in the hospital. It is further alleged in the F.I.R. that on 13.08.1997 at about 3 P.M. two unknown persons aged about 20 to 25 years were searching for the deceased. Santa @ Santu Mukherjee (Appellant in Jail Criminal Appeal No.283 of 1999) was also searching for the deceased at about 7 P.M. on 13.08.1997. On receipt of the written report, a case was registered at the P.S. and P.W.9, the I.I.C. of Purighat P.S. took up investigation. Consequent upon his transfer, he handed over the charge of investigation to his successor (P.W.10), who, on completion of the investigation, filed charge-sheet on 12.11.1997 implicating the appellants in the offence punishable under Section 302/34, I.P.C.

(3.) Prosecution has examined ten witnesses to prove the charge. Besides the prosecution witnesses introduced in the preceding paragraph, P.W.1 is a witness to the relevant seizures vide Exts.l and 2. He is also a witness to the inquest over the dead body of the deceased. P.W.2 is the witness, who had seen the deceased Anil Kumar Sen in the company of the appellant Mitu @ Ajit @Ashok Kumar Nayak at about 2 P.M. on 13.08.1997. P.W.6 is another brother of the deceased. At about 8 P.M. on 13.08.1997 he had seen all the four appellants roaming near the bazaar in front of Lords Hotel. He is further asserted to have seen appellant Mitu @ Ashok armed with a ''gupti'', appellant Muna @ Minaketan armed with a ''Bhujali'' and other two appellants armed with knives near the spot, after the occurrence. P.W.4 is the Medical Officer, who conducted postmortem over the dead body of the deceased. P.W.7 is the Medical Officer, who gave the preliminary treatment to the injured in the Casualty Ward on his being brought there. P.W.8 is the Scientific Officer, who collected the incriminating materials from the spot.