JUDGMENT :

D.Dash, J.

The Appellants by filing this Appeal have assailed the judgment of conviction and order of sentence dated 27.03.2023 and 28.03.2023 respectively passed by the learned Sessions Judge, Balangir in Sessions Case No.80 of 2014 arising out of G.R. Case No.601 of 2013 corresponding to Balangir Town P.S. Case No.217 of 2013 of the Court of learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Balangir.

The Appellants (accused persons) have been convicted for commission of offence under section-302/34 of the Indian Penal Code, 1960 (for short ‘the IPC’) accordingly each of them have been sentenced to undergo imprisonment for life and pay fine of Rs.10,000/- in default to undergo rigorous imprisonment for six month.

2. The prosecution case as it reveals from the written report submitted by one Surendri Sai, wife of late Krupasindhu @ Krupa Sai of village Kandhapalipada that she had been informed by her son namely, Amit Sai that her husband Krupa was lying with bleeding injuries at Kandhapali Chowk. Having received the said information, she (Informant) had rushed to the place and saw her husband lying there with severe bleeding injuries on his mouth and legs. She having made all such efforts to wake him up found no response. That Surendri Sai (Informant-wife of the deceased-P.W.22) then also had noticed some brick stones lying near the body of her husband-Krupa. Thus, raising suspicion in her mind that some culprits have intentionally caused the death of her husband, she lodged the report, Ext.1 and prayed for necessary action against those culprits by tracing them out. In the absence of the Inspector-In-Charge (IIC) of Balangir Town P.S.; the written report was presented to the Sub-Inspector (S.I.) of Police (P.W.27), who has In-Charge of the IIC. He then treating the same as F.I.R., immediately registered the case and took up investigation.

3. In course of investigation, he first of all examined the Informant (P.W.22) and other witnesses. Having held inquest over the dead body of the deceased, he prepared the report vide Ext.2 in presence of the witnesses. He also prepared the spot map (Ext.25) by visiting the spot. He sent the dead body for postmortem examination by issuing necessary requisition. He further seized the incriminating articles found from the spot as also the wearing apparels of the deceased on production by the Police Constable after postmortem examination under seizure list. He further examined the witnesses including the informant (P.W.22) and others after few days and on completion of investigation submitted Final Form placing these five accused persons to face the trial for commission of offence under section-302 of the IPC in intentionally causing the death of Krupasindhu @ Krupa Sai.

3. Learned S.D.J.M., Balangir having taken cognizance of the above noted offences and after observing the formalities committed the case to the Court of Sessions. That is how the Trial commenced by framing charge for offence under section-302/34 of the IPC against these accused persons.

4. In the Trial, the prosecution had examined in total twenty eight (28) witnesses as P.Ws.1 to 28. As already stated P.W.22 is the wife of the deceased and she is the Informant in the case who had lodged the F.I.R. (Ext.1). The son of the deceased who has been projected by the prosecution to be the sole eye witness to the occurrence in implicating the accused persons as the author of the crime has been examined as P.W.23. The scribe of the F.I.R. (Ext.1) lodged by the P.W.22 who is none other than the nephew of the deceased has been examined as P.W.1; whereas P.Ws. 2 and 3 are two brothers of the deceased and P.W.4 is the sister-in-law of the deceased. Uncle and Aunt of the Informant (P.W.22) have come to the witness box as P.Ws. 21 and 20 respectively. Few seizure witnesses have also been examined. The Doctor who had conducted autopsy over the dead body of the deceased has been examined as P.W.27; whereas the Investigating Officer (I