The main legal point established is that delay in lodging the F.I.R. and discrepancies in the evidence can raise doubts about the authenticity of the prosecution case, leading to the extension of the benefit of doubt in favour of the accused.

JUDGMENT

S.K. Sahoo, J. - The appellant Badashiba Majhi faced trial in the Court of the learned Sessions Judge, Kalahandi, Bhawanipatna in Criminal Trial No.33 of 2014 (Sessions) for offence punishable under section 302 of the Indian Penal Code on the accusation that on 01.01.2014 at about 5.30 p.m., he committed murder of Manasingh Majhi (hereafter the deceased) by dealing lathi blows on his head and back in front of the house of the informant Beshu Majhi (P.W.1) under Thuamul-Rampur police station.

The learned trial Court vide impugned judgment and order dated 25.01.2018 while acquitting the appellant of the charge under section 302 of the Indian Penal Code found him guilty under section 304 Part-II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for eight years.

2. The prosecution case, as per the F.I.R, in short, is that on 01.01.2014 at about 5.30 p.m. the appellant Badashiba Majhi was quarreling with the wife of the informant Benu Majhi (P.W.1). Since the wife of the appellant had left him and she was staying at her fathers place, the appellant was insisting the wife of the informant to bring back his wife. At that point of time, the deceased Mansingh Majhi, who was aged about fifteen years and son of the informant returned home after grazing the cattle and he challenged the appellant as to why he was quarreling with his mother. At this stage, the appellant being enraged assaulted on the head and back of the deceased with a lathi by giving three to four blows for which the deceased sustained bleeding injuries over the head. On 03.01.2014 while the deceased was being shifted to the hospital in a boat, on the way, he expired. It is further stated in the first information report that P.W.2 Bhakta Majhi, P.W.3 Sukru Majhi and P.W.5 Rengtu Majhi are the eye witnesses to the occurrence and P.W.4 Ravana Naik came to the spot and seeing the deceased lying on the ground, took him to the house of the informant. After the death of the deceased, the F.I.R. was presented on 03.01.2014 at 11.00 p.m. and the Officer-in-Charge of Th. Rampur police station registered P.S. Case No.1 dated 03.01.2014 under section 302 of the Indian Penal Code.

During course of investigation, the Investigating Officer Pravat Kumar Behera examined the informant, deputed the constable to guard the dead body of the deceased. He visited the spot at village Bhitaraganga and prepared the spot map Ext.7. He also held the inquest over the dead body of the deceased and prepared inquest report Ext.8. He examined the inquest witnesses and also seized one wooden thenga from the spot in presence of the witnesses as per the seizure list Ext.1/1. The dead body was sent to Medical Officer, C.H.C., Th. Rampur for post mortem examination through escort constable after preparation of the dead body challan and P.W.8 Dr. Biswajit Sahoo who was the Medical Officer, C.H.C., Th. Rampur conducted post mortem examination over the dead body of the deceased and found fracture injuries on the frontal bone and left parietal bone and opined the cause of death to be on account of cerebral haemorrhage. The doctor further opined that the time since death was within 48 hours of the post mortem examination. The query was made by the Investigating Officer to the Medical Officer regarding possibility of injuries with the lathi which was seized from the spot and the doctor after examining the lathi opined that death could be possible by the said lathi and sent the query report to the Investigating Officer. The appellant was apprehended on 04.01.2014 and the Investigating Officer also seized blood stained earth and sample earth from the spot in presence of the witnesses under seizure list Ext.3. The appellant was sent for medical examination to the Medical Officer, C.H.C., Th. Rampur. The wearing apparels of the appellant were seized under seizure list Ext.5 and his blood sample and nail clippings collected by the Medical Officer were also seized. The I.O. seized the wear