Judgment

S.K.SAHOO, J.

The appellant faced trial in the court of learned 1st Additional Sessions Judge, Puri in S.T. Case No.14/664 of 2002 for commission of the offence punishable under section 302 I.P.C. for committing murder of one Pabitra Kumar Samantray (hereinafter ‘the deceased’) on 27/28.6.2002 night at about 2 a.m. at Nua bazaar and also under section 379 I.P.C. for committing theft of the motorcycle of the deceased bearing Regn. No. OR-13-3419. The learned trial court vide impugned judgment and order dated 23.7.2004 convicted the appellant under section 302 I.P.C. and sentenced him to undergo R.I. for imprisonment for life and also convicted him under section 379 I.P.C. and sentenced him to undergo R.I. for one year. Both the sentences were directed to run concurrently.

2. On 28.6.2002 one Dhusasan Samantray (P.W.7), who is the natural father of the deceased lodged an F.I.R. before the Officer-in-Charge of Gop Police Station stating therein that on 27/28.6.2002 night at about 2.00 a.m. he received a telephone call from one Braja Kishore Routray (P.W.5) that the appellant after committing theft of the motorcycle of the deceased bearing Regn. No.OR-13-3419 from the cashew nut camp, Nua bazaar was proceeding on that motor cycle and on the way he met an accident at Balighai square and leaving the motor cycle at the accident site, he escaped. Getting such news, PW.7 proceeded to the spot i.e., the cashew nut camp site, Nuabazar and found on the way that the motorcycle of the deceased was lying at Balighai square. He then proceeded to Nuabazar camp site and found the deceased lying there with bleeding injuries. A vegetable cutter and a laterite stone having bloodstains were also lying close to the deceased at the spot. The deceased was immediately shifted by Pravakar Chhotray (P.W.18) and Prasanta Kumar Patsahani @ Abua (P.W.15) to District Headquarters Hospital, Puri on a motorcycle. The informant ascertained from inquiry that during the evening hours on 27.6.2002 the deceased along with P.W.15, P.W.18, Kalandi Singh (P.W.3), Padmanav Singh (P.W.4), Sanjaya Singh (P.W.2) and the appellant had organized a feast which lasted upto 11 O’ clock in the night and thereafter the appellant and the deceased slept in the camp house and others returned back to their camps. The appellant after committing theft of the motorcycle of the deceased was proceeding towards Balighai at a fast speed and on the way near F.C.I., Bazar, he was obstructed by one Kartik Singh and Bijaya Singh but he did not stop there and proceeded ahead and ultimately met with an accident at Balighai square. Suspecting that the appellant had committed murder of the deceased by means of the vegetable cutter and laterite stone and also committed theft of the motorcycle of the deceased, the F.I.R. was lodged. At the time of lodging of the F.I.R., the deceased was hospitalized in a critical condition at S.C.B. Medical College and Hospital, Cuttack.

The F.I.R. was registered vide Gop P.S. Case No.93 of 2002 under sections 307 and 379 I.P.C. After registration of the F.I.R. by the Officer-in-Charge of Gop Police Station, P.W.17 Pandab Behera, A.S.I. of Police was directed by the O.I.C. to investigate the matter. P.W.17 examined the witnesses, visited the spot which is Nuabazar area situated on Puri-Konark marine drive road and prepared the spot map (Ext.12). He also issued requisition to the Scientific Officer, D.F.S.L. who collected and examined the blood stained earth, big piece of stone, three mattresses, napkin stained with blood, laterite stone, full pant, Chadi and a pair of shoe and thereafter P.W.17 seized all these materials from the room where the deceased was lying with bleeding injuries under seizure list (Ext.2). Apart from other things, the motorcycle of the deceased was also seized from Balighai Chhak under seizure list (Ext.4). The appellant was arrested on 29.06.2002 and his nail clippings and pant were also seized under seizure list (Ext.6). On 3.7.2002