The importance of admissible and relevant evidence, procedural diligence, and proper examination of witnesses and documents.

JUDGMENT

S.K. Mishra, J.- The sole appellant-Jagabandhu Juanga called in question his conviction under Sections 302 and 323 of the Indian Penal Code, 1860, hereinafter referred to as the 'Penal Code' for brevity, for committing murder of his elder brother on 13.12.2003 and causing simple hurt to Narad Juanga, by the learned Adhoc Addl. Sessions Judge (FT), Keonjhar in S.T. Case No.48/39 of 2004 (G.R. Case No.1007 of 2003, arising out of Telkoi P.S. Case No.97 of 2003). He has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Penal Code and further sentenced to undergo rigorous imprisonment for six months for the offence under Section 323 of the Penal Code.

2. The case of the prosecution in short is that at about 9.30 a.m. on 13.12.2003, the appellant assaulted his brother Bhima Juanga by means of a wooden plank, 'Sal Baton', on his head and hand. Due to such assault, the deceased fell losing his consciousness. Narad Juanga tried to intervene in the matter. The appellant further assaulted Narad Juanga by the said Baton and thereafter, fled from the spot. Narad Juanga noticed that blood was oozing out of the ear of the deceased. He had sustained injury due to such assault. He raised alarm. Then, he informed Sukadev Juanga, son of the deceased, who has lodged F.I.R. in the case. Thereafter, Sukadev Juanga (P.W.1) lodged an FIR, which was scribed by Prasanna Kumar Juanga before the OIC, Telkoi Police Station, who registered the criminal case and took up investigation.

The Investigating Officer took all necessary steps like examination of witnesses, dispatching the dead body for post-mortem examination after conducting inquest over the same, seizure of material objects etc. and then upon completion of investigation submitted charge-sheet against the appellant.

3. The defence took the plea of complete denial and false implication by Narad Juanga because of some land dispute.

4. The prosecution, in order to establish its case, examined as many as seven witnesses. P.W. 2-Narad Juanga is the solitary eye-witness examined on behalfof the prosecution to prove the case. P.W.1-Sukadev Juanga happens to be the son of the deceased, nephew of the appellant and informant of the case. P.W.3-Nilambar Juanga, P.W.4-Sujan Juanga, P.W.5-Desa Juanga, the witnesses who arrived at the spot after hue and cry of P.W.2 and they found the deceased struggling for his life having sustained injuries. P.W.6-constable no.176 of Telkoi Police Station escorted the dead body of the deceased to Telkoi Community Health Centre for post mortem examination. After post mortem examination, he produced the wearing apparels and command certificate before the OIC, Telkoi Police Station, who seized the same under Ext. 5. Basing on such material available on record, the learned Amicus Curiae Miss. Satabdi Samantaray argued that the case of murder cannot be established in this case as the Dr. C. R. Nayak, Assistant Surgeon of Telkoi CHC was not examined on behalf of the prosecution and the post mortem examination report has not been exhibited. She also drew attention of the Court to the statement of the accused recorded under Section 313 of the Code of Criminal Procedure, 1973, hereinafter referred to as the 'Code' for brevity, and contended that not a single question has been asked to the appellant-convict about the homicidal nature of the death of the deceased or the injury sustained by the P.W.2. Mr. G.N. Rout, learned Addl. Standing Counsel, on the other hand, supported the findings recorded by the learned trial Judge and submitted that the contents of the post mortem examination report, even though not exhibited, by examining the doctor are admissible under Section 32 of the Indian Evidence Act, 1972, hereinafter referred to as the 'Evidence Act' for brevity. Therefore, the learned Addl. Standing Counsel submitted that the appeal should be dismissed.

5. An examination of the impugned judgment reveals that the learnedAdhoc Addl. S