The court modified the conviction from murder under Section 302 to culpable homicide under Section 304-I, emphasizing the lack of intent to kill during the altercation.

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 17th November, 2011 passed by the learned Additional Sessions Judge, (FTC), Bargarh in C.T. Case No.45/12 of 2011 arising out of G.R. Case No.69 of 2010 corresponding to Barpali P.S. Case No.68(1) of 2011 of the Court of learned Judicial Magistrate First Class (J.M.F.C), Barpali.

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.3,000/- (Rupees Three Thousand) in default to undergo rigorous imprisonment for three (3) months for commission of the said offence.

2. Prosecution Case:-

The accused namely, Anjan Barik used to quarrel with his parents and assault them demanding money as he was a habitual drunkard and liquor addic. The accused was residing separately from his parents and other family members in a house situated in their village. On 01.07.2010 around 7.00 am Ramesh (deceased) gone to the house of accused to serve him breakfast. There again altercation of words between them took place and it is alleged that the accused assaulted his father, causing bleeding injuries on his head, forehead and neck and then pushed him violently resulting his fall in the cement floor of the verandah of the house. The mother of the accused, who is the wife of the deceased (P.W.2) immediately arrived at the spot and saw accused leaving the place where her husband (Ramesh) was lying unconscious with bleeding injuries on his head and other parts. Laxmi Barik (P.W.2), the wife of the deceased then cried for help. So her daughter-Bina Barik (P.W.3) and others arrived at the spot. The incident was immediately informed to Gobinda Barik (Informant-P.W.1), who happens to be the nephew of Laxmi (P.W.2), who then reported the matter in writing to the Inspector-in-Charge (I.I.C) of Barpali P.S.

Receiving the said report, the IIC (P.W.12) treated the same as the FIR (Ext.1) and registering the case, directed one Assistant Sub-Inspector (ASI) of Police to take up the investigation. On 9.7.2010, the IIC (P.W.12), getting information that the injured Ramesh Barik was dead, took up the investigation.

3. The Investigating Officer (I.O.-P.W.12), having examined the informant (P.W.1) visited the spot, held inquest over the dead body of the deceased in presence of the witnesses and prepared the report to that effect (Ext.2). The wearing apparels of the deceased were seized under seizure list (Ext.12). The dead body of the deceased was the sent for postmortem examination by issuing necessary requisition. The seized incriminating articles were sent for chemical examination through Court. On completion of the investigation, the I.O. (P.W.12) submitted the Final Form placing this accused to face the Trial for commission of the offence under section 302 of the IPC .

4. Learned J.M.F.C., Barpali, on receipt of the Final Form, took cognizance of said offences 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 offences against this accused.

5. In the Trial, the prosecution, in support of its case, has examined in total twelve (12) witnesses. As already stated, the informant, who had lodged the FIR (Ext.1) is P.W.1. P.Ws.2 & 3 are the wife and daughter of the deceased respectively. P.Ws.4, 5, 6, 9. 10 & 11 are the post occurrence witnesses and out of them P.Ws.4, 5 & 6 are also witnesses to the seizure. The Doct