The court modified the conviction from murder under Section 302 to culpable homicide not amounting to murder under Section 304 Part-I, considering the absence of prior intent and planning.

JUDGMENT :

The Appellant, in this Appeal, has challenged the judgment of conviction and order of sentence dated 6^th May, 2024 passed by the learned 1^st Additional Sessions Judge, Sambalpur in Sessions Trial No.234/25/102 of 2013-14, corresponding to Charmal P.S. Case No.23 of 2013 of the Court of the learned Sub-Divisional Judicial Magistrate, Rairakhol.

The Appellant (accused) thereunder has been convicted for commission of offence under section 302 of the Indian Penal Code, 1860 (in short, ‘ IPC ’) and sentenced to undergo imprisonment for life and pay a fine of Rs.50,000/- (Rupees Fifty Thousand) in default to undergo rigorous imprisonment for period of one year.

2. Prosecution Case:-

On 14.04.2013 around 5.30 p.m. one Sasmita Biswal (Informant- P.W.1) lodged a written report with the Officer-in-Charge (OIC), Charmal Police Station in the District of Sambalpur stating therein that on the previous evening around 8 p.m. when her husband Premananda Biswal was discussing with this friends near his variety shop for playing cards; the accused came there and he requested to allow him to play with them. Said Premananda and his friends did not accept the request of that accused. So, there was exchange of hot words between Premananda and the accused. The accused then left the spot being annoyed. It was around 9.00 p.m., the accused again went to the shop carrying a wooden plank and dealt a blow on the head of Premananda and then fled away from the spot. It is said that on account of such assault, Premananda sustained severe bleeding injury on his head for which first of all, he was shifted to Community Health Center (C.H.C.), Charmal for treatment and then as advised by the Doctor to V.S.S. Medical College and Hospital, Burla, for better treatment. Premananda while undergoing the treatment died in the hospital. The O.I.C. receiving the said report (Ext.1), treated the same as FIR (Ext.1) and upon registration of the case, directed one Sub-Inspector of Police (S.I.) attached to the police station (P.W.22) to take up investigation.

In course of investigation, the Investigating Officer (I.O.-P.W.22) then examined the Informant (P.W.2), recorded her statement and visited the spot where he prepared the spot map (Ext.11). He also collected the blood stained earth and sample earth from the spot and seized those under seizure list (Ext.2).

It was on 15.04.2013, the I.O. (P.W.22) received an information from V.S.S. Medical College and Hospital that Premananda in course of treatment died. He, therefore, proceeded to the hospital and held inquest over the dead body of the deceased and prepared the report (Ext.3) in presence of witnesses. The dead body was then sent for Post Mortem Examination by issuing necessary requisition. The other incriminating articles were also seized and also other witnesses were examined by the I.O. (P.W.22). On 17.04.2013, the accused being arrested was forwarded in custody to Court. It is stated that the accused while in police custody, pursuant to his statement, led the police and other witnesses in giving recovery of the wooden plunk which was seized by the I.O. (P.W.22) under seizure list (Ext.5). The seized incriminating articles were sent for chemical examination through court.

On completion of investigation, the I.O (P.W.22) submitted the Final Form placing the accused to face the Trial for commission of offence under section 302 of the IPC .

3. Learned S.D.J.M., Rairakhol on receipt of the Final Form, took cognizance of the offence under section 302 of the IPC and after observing the formalities, commi