The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.

JUDGMENT

S.K. Panigrahi, J. - The present appeal has been directed against the judgment of conviction and order of sentence dated 25.09.2018 passed by the learned Sessions Judge, Dhenkanal in C.T. (Ss) Case No.18 of 2017, whereby the appellant assails his conviction for commission of offences punishable under Sections 304 Part-II of the Indian Penal Code, 1860 (hereinafter referred to as 'the I.P.C.' for brevity) and sentence to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- and in default of payment of fine, he has been sentenced to further undergo R.I. for a period of three months under Section 304 Part-II of the I.P.C.

2. Shorn of unnecessary details, the substratum of the matter presented before this Court remain that the deceased was a resident of village Analabeda, P.S. Rasol, Dist- Dhenkanal. On 4th October 2016, the deceased was assaulted by Nirakara Sahu (hereinafter referred to as 'the Appellant' for brevity), with a bamboo lathi near the shop of Ami Sahoo (P.W.2) at around 8.00 P.M. in the evening. The deceased sustained injuries on the head and other parts of the body and subsequently, succumbed to such injuries due to shock and haemorrhage. The incident was reported to be witnessed by two individual witnesses, namely, Sudhakar Biswal (P.W.1) & Ami Sahoo (P.W.2) and later P.W.2 was declared hostile during the course of investigation. The sole eye-witness, P.W.1 happens to be the maternal uncle of the deceased and, therefore, is an interested witness. The FIR was filed by Damayanti Biswal (P.W.3) who is the sister-in-law of the deceased and is not an occurrence witness.

3. The O.I.C., Rasol Police Station, Rasol (P.W.15) after receiving the F.I.R., registered the same as Rasol P.S. Case No. 93 of 2016. The O.I.C. then proceeded to the spot and examined witnesses.Tthe deceased was transferred to Sub-Divisional Hospital, Hindol for treatment. The O.I.C. collected four broken pieces of lathi (M.Os.I to IV), apparels worn by the accused (M.Os. XI and XII) at the concerned spot. The O.I.C proceeded to the village and took the appellant into custody.

4. During the course of investigation, the condition of the deceased worsened and he was shifted to S.C.B. Medical College and Hospital, Cuttack where he succumbed to the injuries. The body of the deceased was sent for post mortem examination. The biological samples of the appellant and that of the deceased were collected and sent to State Forensic Science Laboratory, Rasulgarh, Bhubaneswar for chemical examination and opinion. Documents relating to Mangalabag Police Station, concerning the death of the deceased were collected, seized and the accused was arrested. After conclusion of investigation, the charge sheet was filed by the Investigating Officer (P.W.16).

5. The prosecution examined as many as 16 witnesses to bring home the charges. P.W.1 is the maternal uncle of the deceased who also happens to be the only eye-witness to the occurrence. P.W.2 is the shop keeper at the spot where the incident unfolded. P.W.3 is the sister-in-law of the deceased who lodged the FIR at the Hindol Police Station, Hindol. P.W.4 and P.W.5 were declared hostile along with P.W.2 during the course of investigation. P.W.6 is the wife of the deceased. P.W.7 is the father-in-law of P.W.6 and is an occurrence witness who saw the deceased lying in a pool of blood and consequently, lost his consciousness at the sight of body of the deceased. P.W.8 is a witness to seizure of weapon of offence and tooth frame of the deceased. P.W.9 is the sister-in-law of the deceased. P.W.10 and P.W.13 are the witnesses to the statement of the appellant before the O.I.C. of Hindol Police Station, Hindol. P.W.11 and P.W.12 are Constable and A.S.I. of Mangalabag Police Station respectively. P.W.14 is the Medical Officer who conducted autopsy over the dead body of the deceased. P.W.15 is the O.I.C. of Hindol Police Station, Hindol who registered the FIR. P.W.16 is the final Investigating Officer