Accused's conviction for murder under Section 302 IPC was modified to culpable homicide not amounting to murder under Section 304-I IPC due to insufficient evidence of intent and premeditation.

JUDGMENT :

D.Dash, J.

The Appellants, by filing this Appeal, have challenged the judgment of conviction and order of sentence dated 10.12.2014 passed by the learned Sessions Judge, Sambalpur, in Sessions Trial Case No.04 of 2013, arising out of G.R. Case No.1548 of 2012, corresponding to Katarbaga P.S. Case No.41 of 2012 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Sambalpur.

These Appellants (accused persons) with their parents namely, Bhaktaram and Urmila standing charged for commission of offence under section- 341/294/302/34 of the Indian Penal Code, 1860 (for short ‘the IPC ’) having faced the trial have only been convicted for the commission of offence under section-302/34 of the ; whereas their parents as above named have been acquitted of all the charges. Accordingly, these accused persons have been sentenced to undergo imprisonment for life and pay fine of Rs.10,000/- each with the default stipulation to undergo rigorous imprisonment for one year each with further stipulation that out of realized fine a sum of Rs.8,000/- would be paid to the Informant (P.W.2) who happens to be the son of the deceased.

2. Prosecution case is that on 05.09.2012, during evening hour; it was around 5.30 pm, when Khaira Bag (deceased) was going with one Manoj Purohit (P.W.3) being followed by one Ganesh Podh (P.W.6) to the village pond to ease, Urmila @ Undei, the wife of Bhaktaram and Bhaktaram (since acquitted), with their two sons, the present accused persons being armed with spade, suddenly attacked Khaira. Being instigated by their mother-Urmila both the accused persons dealt blows on the blunt side of the spade on the several parts of the body including the vital part i.e. on head of Khaira Bag. There was hue and cry and when the villagers congregated, the accused persons fled from the spot. When the health condition of Khaira become serious, he was shifted to the nearest Hospital at Laida in a vehicle. The Medical Officer present at Laida Hospital, referred the case to VSS Medical College and Hospital, Burla for better treatment on 08.09.2012 around 6.30 pm, the son of Khaira namely, Kartika (P.W.2), then prosecuted a written report scribed by one Amit Kumar Sahu (P.W.1) with the Assistant Sub-Inspector (ASI) of Police of Laida Outpost. The ASI having received the said written report entered the fact in the Station Diary Book maintained in the Police Outpost and then sent it to the Inspector-In-Charge (IIC), Katarbaga Police Station for registration of the case. The IIC (I.O.-P.W.13), registered the case by treating the said written report of P.W.2 as the F.I.R.(Ext.1) and having registered the case, took up investigation. He first of all issued injury requisition of the Medical Officer, Community Health Centre, Laida. He having examined P.W.2 and also other witnesses, visited the spot and prepared spot map (Ext.8). He seized one Napkin stand with blood belonging to Khaira on production of his son P.W.2, which he seized under seizure list, Ext.3. He then seized other incriminating materials in presence of the witnesses under seizure lists. Khaira in course of treatment died on 08.09.2012. He then inquest over the dead body and prepared report, Ext.2 in presence of the witnesses. He also sent the dead body for postmortem examination. The postmortem was conducted over the dead body of the deceased.

3. On completion of investigation, the I.O. (P.W.13) submitted the Final Form, placing these accused persons with their parents to face the trial for commission of offence under section-302/34 of the IPC .

4. Learned S.D.J.M, Sambalpur having received the Final Form, took cognizance of th