The relationship of eyewitnesses to a deceased does not undermine their credibility; eyewitness testimony, especially from injured witnesses, holds significant evidentiary weight.

JUDGMENT :

CHITTARANJAN DASH, J.

1. The appellant Gokul Chandra Samal faced trial in the Court of learned Addl. Sessions Judge, Talcher in S.T. Case No.61-A/24 of 1998/2000 for commission of offences punishable under sections 302/323 of the INDIAN PENAL CODE (hereinafter the "I.P.C.") on the accusation that on 04.11.1997 in between 10.30 p.m. to 11.30 p.m. at B.R. Colony, Qrs. No.7, F.C.I Talcher, he intentionally committed murder of Bibhuti Bhusan Hota (hereinafter "the deceased") so also voluntarily caused hurt to Bikash Kumar Hota (P.W.9), the son of the deceased. The learned trial Court vide impugned judgment and order dated 24.11.2000, found the appellant guilty of both the offences charged and sentenced him to undergo rigorous imprisonment for life under section 302 of the I.P.C. and to undergo rigorous imprisonment for one month under section 323 of the I.P.C. and both the sentences were directed to run concurrently.

Prosecution Case

2. The prosecution case, as per the first information report (Ext.13) (hereinafter "F.I.R.") lodged by Bikash Kumar Hota (P.W.9) before the Officer in-charge of Vikrampur police station on 05.11.1997, in short, is that on 04.11.1997 in between 10.30 p.m. to 11.30 p.m., a quarrel ensued between the deceased and the appellant, for which the appellant brought a G.I. pipe (M.O.I) from his room and assaulted on the head of the deceased, as a result of which, the deceased became unconscious. When P.W.9 came to the rescue of his father, he was also assaulted by the appellant with the said G.I. pipe (M.O.I), for which he also sustained injuries and thereafter, the appellant left the spot.

On the basis of such report submitted by P.W.9, in absence of the Officer in-charge of Vikrampur police station, P.W.7 Pabitra Mohan Sahu, ASI of police, attached to the said police station, registered the case as Vikrampur P.S. Case No.40 dated 05.11.1997 under section 325 of I.P.C. and took up investigation of the case.

During course of investigation, he examined the informant (P.W.9), prepared the spot map (Ext.7) and he was informed that the deceased has been removed to F.C.I. Hospital and thereafter shifted to Cuttack for his treatment. P.W.7 proceeded to F.C.I. Hospital. He could not examine the deceased as he was in a state of coma. He issued requisition for medical examination and collection of the injury report. He seized blood stained earth, sample earth and prepared the seizure list vide Ext.8. He also seized the wearing apparels of P.W.9 and on 08.11.1997, he handed over the charge of investigation to P.W.13 Arjuna Kumar Barik, Officer in-charge of Vikrampur police station.

P.W.13, after taking over the charge of investigation, visited the spot. He received message on 09.11.1997 about the death of deceased and accordingly, the case was turned to one under section 302 of I.P.C. and it was intimated to the learned S.D.J.M., Talcher.

P.W.8 Birupakshya Satpathy, who was posted as A.S.I. attached to Mangalbag police station on receipt of casualty memo from SCBMCH, Cuttack regarding death of the deceased, registered Mangalabag P.S. U.D. Case No.681 of 1997 and the Inspector in-charge directed him to take up the inquiry.

During the course of U.D. case inquiry, P.W.8 visited SCBMCH, Cuttack, held inquest over the dead body of the deceased in the Ward of Neurosurgery Department and prepared inquest report vide Ext.9 so also the dead body challan vide Ext.10 and dispatched the dead body of the deceased for post mortem examination and he also received the post mortem report and sent the same to the I.O. (P.W.13) and closed the U.D. case.

The appellant surrendered at the police station on 12.11.1997 and he was arrested by P.W.