The court upheld the conviction of the appellant for murder based on reliable eyewitness testimony and medical evidence linking the accused to the crime.

JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal from inside the jail, has called in question the judgment of conviction and the order of sentence dated 5th January, 2022 passed by the learned Additional Sessions Judge, Athmallik in C.T. (S) No.46 of 2018 arising out of G.R. Case No.282 of 2018 corresponding to Kishorenagar P.S. Case No.58 of 2018 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Athmallik.

The Appellant (accused) thereunder has been convicted for committing the 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.50,000/-/- (Rupees Fifty Thousand) in default to undergo rigorous imprisonment for two (2) years for commission of the said offence.

2. Prosecution Case:-

On 15.06.2018, one China Baghar (Informant-P.W.21) lodged a written report with the Inspector-in-Charge (I.I.C.) of Kishorenagar Police Station stating therein that on the previous night around 09.00 p.m., her husband, namely, Dukhishyam Baghar (accused) returned home and started quarrelling with his parents, namely, Karuna Baghar & Chamap Baghar and tried to assault. The parent of the accused, in order to save the life of China (Informant-P.W.21) put her in a room with her daughter, namely, Babli Baghar (P.W.7) and locked from inside. The accused thus could not assault her. But being aggrieved, he assaulted his parents to death. After he did them to death, he opened the lock of the room inside which China (Informant- P.W.21) was there and also attempted to assault her by hammer.

She somehow escaped and saved herself.

The report to the above effect, being received by the I.I.C. , Kishorenagar, he treated the same as FIR (Ext.3) and upon registration of the criminal case, took the investigation.

3. In course of investigation, the Investigating Officer (I.O.- P.W.23) examined the Informant (P.W.23) & other witnesses, recorded their statements under section 161 of Cr.P.C. and issued requisition to District Forensic Science Laboratory, Dhenkanal for ascertaining some clues. She (P.W.23) held the inquest over the dead body of the deceased and prepared the report (Ext.10) and sent the same for post mortem examination by issuing necessary requisition. She (P.W.23) seized the hammer under seizure list (Ext.4). She (P.W.23) seized the blood stained and sample earth near the dead body of Karuna under the seizure list (Ext.5). The seized incriminating articles were sent for chemical examination through Court. On 22.06.2017, P.W.9 handed over the charge of the investigation to the Sub-Inspector (S.I.) of Police (P.W.10), who submitted the Final Form placing this accused to face the Trial for commission of the offence under section 302 of the IPC.

4. Learned S.D.J.M., Athamallik, on receipt of the Final Form, took cognizance of said offence and after observing the formalities, committed the case to the Court of Sessions. That is how the Trial commenced by framing the charge for the aforesaid offence against the accused.

5. The prosecution, in support of its case, has examined in total twenty-three (23) witnesses during Trial. As already stated, the informant, who happens to be the wife of the accuse is P.W.21. P.W.10 is the scribe of the FIR (Ext.3). P.Ws.1 to 6 & 9, 11, 14, 22 are said to be independent witnesses to the occurrence. P.Ws.7 & 8 are said to be the eye witnesses, who are the daughter and son of the Informant and accused respectively. P.Ws.12, 16, 18, 19, 20 said to be the witnesses to the seizure. The Doctor, who held the autopsy over the dead bodies of the deceased person is P.W.17. The I.O. of the case, at the end, has come to the witness box as P.W.23.

Besides