The prosecution failed to establish the accused's guilt beyond reasonable doubt due to inconsistent testimonies and lack of corroborative evidence.

JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal, from inside the jail, has assailed the judgment of conviction and order of sentence dated 31^st January, 2007 passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court, Athagarh in Sessions Trial No.517 of 2005 arising out of C.T. Case No.204 of 2005 corresponding to Athagarh P.S. Case No.48 of 2005 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Athagarh.

The Appellant (accused) thereunder has been convicted for commission of offence under section 302 of the INDIAN PENAL CODE , 1860 (for short, ‘the IPC’). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.5,000/- (Rupees Five Thousand) in default to undergo rigorous imprisonment for six months with the stipulation that the fine amount, if recovered, be paid to the wife of the deceased (P.W.2) towards compensation.

2. Prosecution Case:-

On 20.05.2005 one Sankar Das, who happens to be the nephew of Arjuna Das (Deceased) lodged an information in writing with the Officer-in-Charge (OIC), Tigiria Police Station that his uncle Arjuna, on that day around 10.30 a.m. when was sitting on the verandah of the house of Kalindi Ghadei (P.W.7), had been assaulted by the accused by means of a katari and he met his death in the cowshed of one Rama Behera where he with much difficulty managed to reach in that injured condition.

Receiving the above report from the Informant (P.W.1), the O.I,C. (P.W.18), treated the same as FIR (Ext.1) and upon registration of the criminal case, took up investigation.

3. In course of investigation, the I.O. (P.W.18) examined the Informant (P.W.1) and other witnesses and recorded their statement under section 161 Cr.P.C. The I.O. (P.W.18), having visited the spot, prepared the spot map (Ext.13). Having reached at the spot, the I.O. (P.W.18) made a requisition to the scientific team for ascertaining the clues from the spot and on arrival of the scientific team and dog squad, incriminating articles were seized from the spot. The I.O. (P.W.18) then held inquest over the dead body of the deceased and prepared his report (Ext.2/2) and sent the dead body of the deceased for post mortem examination by issuing necessary requisition. The I.O. (P.W.18) arrested the accused and it is said that this accused, while in police custody, confessed that he has concealed one knife under cashew plant near Daramana Munda and told that if he would be taken to that place, he would give recovery of the same. Thereafter, he (accused) led the I.O. (P.W.18) and other witnesses to that place in giving recovery of knife. The seized incriminating articles were sent for chemical examination through court. On completion of investigation, the I.O. (P.W.18) submitted the Final Form placing this accused to face the trial for commission of offence under sections 302 I.P.C.

4. Learned S.D.J.M., Athagarh having received the Final Form as above took cognizance of the said offence and after observing the formalities, committed the case to the Court of Sessions for Trial. That is how the Trial against this accused commenced by framing the charge for the above offence as against him.

5. In the Trial, the prosecution in total has examined 18 witnesses. Out of whom, the Informant, who happens to be the nephew of the deceased is P.W.1 whereas P.W.2 is the wife of the deceased whereas P.W.10 is another nephew of the deceased. P.Ws.3, 12, 13 & 16 are the co-villagers of the accused. P.W.4 is witness to the seizure of the weari