IN THE HIGH COURT OF ORISSA, CUTTACK JCRLA No.21 OF 2008 An appeal under section 374 Cr.P.C. from the judgment and order dated 09.01.2008 passed by the Sessions Judge, Phulbani in Sessions Trial No.69 of 2006.

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Bishnu Patra ....... Appellant -Versus-

State of Odisha ....... Respondent For Appellant: - Ms. Tapaswini Sinha Advocate For Respondent: - Mr. Jateswar Nayak Addl. Govt. Advocate -----------------------------

P R E S E N T:

THE HONOURABLE MR. JUSTICE S.K.SAHOO AND THE HONOURABLE MISS JUSTICE SAVITRI RATHO ---------------------------------------------------------------------------------------------------

Date of Hearing and Judgment: 12.02.2025 ---------------------------------------------------------------------------------------------------

By the Bench: The appellant Bishnu Patra faced trial in the Court of learned Sessions Judge, Phulbani in Sessions Trial No.69 of 2006 Signature Not Verified for commission of offence punishable under section 302/34 of Digitaly Signed O Da R t I e S : S 1 A 3 , - F C e U b T -2 T 0 A 2 C 5 K 19:56:22 the Indian Penal Code (hereinafter the „I.P.C.‟) on the accusation that he along with his son Sahadev, in furtherance of their common intention, committed murder of Dhiren Mandal (hereinafter „the deceased‟) on 5^th August, 2005 at about 8.00 p.m. at Chachingia Nala of village Muniguda under Tumudibandh police station in the district of Kandhamal.

The learned trial Court vide judgment and order dated 09.01.2008 found the appellant guilty of the offence under section 302 of the I.P.C. and sentenced him to undergo rigorous imprisonment for life.

Prosecution Case

2. The prosecution case, as per the first information report (Ext.1) (hereinafter „F.I.R.‟) lodged by Banasingh Mandal (P.W.4) before the Officer in-charge of Tumudibandh police station on 06.08.2005, in short, is that on 05.08.2005 at about 8.00 p.m., the appellant along with his son Sahadev Patra and their other family members had committed murder of the deceased near Chachingia Nala by assaulting him with tangia. It is further stated in the F.I.R. that he had received information from Grama Rakhi, Tika Pradhan (P.W.3) about the incident, who told him that it was the wife of the appellant who gave him Signature Not Verified information regarding commission of murder of the deceased by Digitaly Signed Date: 13-Feb-2025 19:56:22 the appellant.

On the basis of such F.I.R., P.W.10 Harihar Swain, Officer in-charge of Tumudibandh police station registered the same as Tumudibandh P.S. Case No.49 dated 06.08.2005 under sections 302/34 of the I.P.C. against the appellant, his son Sahadev Patra and other family members.

Upon registration of the F.I.R., P.W.10 took up investigation of the case. During the course of investigation, he examined the informant, deputed his staff to guard the dead body and he himself reached at the spot on 06.08.2005 at about 9.50 a.m., prepared the spot map (Ext.12), held inquest over the dead body of the deceased in presence of the witnesses, prepared the inquest report (Ext.13) and then sent the dead body for post mortem examination to the Sub-Divisional Hospital. P.W.10 also seized the sample and blood stained earth from the spot as per seizure list (Ext.4), examined other witnesses and apprehended the appellant at 5.00 p.m. on 06.08.2005. On 07.08.2005 at about 7.30 p.m., the I.O. (P.W.10) seized the wearing apparels of the deceased on being produced by the escort party members, who had accompanied the dead body for post mortem examination and at about 8.00 Signature Not Verified p.m., the appellant was arrested and while in police custody, he Digitaly Signed Date: 13-Feb-2025 19:56:22 volunteered to give recovery of the weapon of offence i.e. axe and accordingly, his statement was recorded vide Ext.2/2 and he led the police party and the witnesses to Chachingia Nala and gave recovery of the axe and produced the same before the I.O. (P.W.10), which was seized as per seizure list Ext.3. The wea