The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases based on circumstantial evidence.

JUDGMENT

S.K.Mishra, J.- In the aforesaid appeals, the appellants assail their conviction and sentence to undergo imprisonment for life under section 302/34 of the Indian Penal Code and R.I. for 10 years under section 364/34 of the Indian Penal Code recorded by the learned 2nd Additional Sessions Judge, Puri in S.T. Case No.09/156 of 1999, as per the judgment of conviction and order of sentence dated 21.11.2002.

2. Bereft of unnecessary details, the case of the prosecution is that on 11.04.1998 at about 4 P.M. the appellants took Babu Sahu, the brother of the informant from his house. As the brother of the informant, Babu did not return till late night, the informant and his family members searched for him during night, but could not trace him out. On the next morning at about 6 A.M., Babu Sahu was shifted by driver Babu Mallik in his mini truck bearing No.OR-02-C-648 in injured and unconscious condition. The victim, Babu Sahu had sustained multiple bleeding injuries. Thereafter, he was shifted to Charichhak Hospital wherefrom on being advised by the Medical Officer, Charichhak he was removed to SCB Medical College & Hospital, Cuttack. At that juncture the informant had lodged the F.I.R. at 11 A.M. on 12.04.1998 at Nayahat Out Post which was subsequently forwarded to Gop Police Station for registration of the case. Accordingly Gop P.S.Case No.43 of 1998 was registered under section 307/34 of the Indian Penal Code. It is also the case of the prosecution that in course of his shifting to SCB Medical College & Hospital, on query of his family members, the victim disclosed the names of the appellants and the manner of assault and the weapons used by the appellants. After few hours of admission of the victim in SCB Medical College & Hospital, he succumbed to the injuries. On receipt of a memo from the SCB Medical College & Hospital, Mangalabag P.S. Case No.264 of 1998 was registered and inquest over the dead body was conducted and thereafter post mortem examination was conducted over the dead body of the victim. After the death of the victim, the case was converted to a case under section 302 of the Indian Penal Code and U.D.Case record of Mangalabag P.S. was sent to Gop Police Station for further investigation.

In course of investigation, the Investigating Officer had seized the blood stained earth, grass and some sample earth and the Tractor and the Trekker in which the victim and the appellants travelled on the date of occurrence. The Investigating Officer had also seized the nail clippings, sample scalp hair, sample blood of the deceased and the blood stained full pant of the deceased and sent those materials to S.F.S.L., Rasulgarh for chemical examination. After completion of investigation charge sheet was submitted under the aforesaid sections against the appellants.

3. The appellants have denied their complicity in the alleged crime. They have also not adduced any defence evidence in support of their plea.

4. In order to prove its case, the prosecution has examined 15 witnesses, out of which P.W.1 is the informant. P.Ws.6, 12, 9, 10 are the brothers, mother and father of the deceased respectively. P.Ws.2 & 3 had seen the appellants taking the deceased towards village Jogeswarpur. P.W.4 is the helper of the Mini Truck in which the victim was shifted to his house. P.Ws.5 & 7 are the witnesses who had seen the appellants taking the deceased in a tractor towards his village Otara. P.W.8 is a witness who had seen the appellants and the deceased at Jogswarpur while they were in exchange of hot words in his hotel. P.W.11 had seen the deceased discussing with some persons at Otara Bazar. P.W.13 is the I.O. and P.W.14 is theA.S.I. of Police attached to Mangalabag Police station, who took up the investigation in Mangalabag P.S. Case No.264 of 1998. P.W.15 is the Doctor who conducted autopsy over the deceased.

5. That after completion of trial, the learned trial judge found the appellants guilty and sentenced them to undergo imprisonment for