CRLA No.625 of 2016

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.625 of 2016

Sada Bhatra and another

….

Appellants

-versus-

State of Odisha

….

Respondent

Appeared in this case:

For Appellants

:

Mr. Neelakantha Panda, Advocate

For Respondent

:

Smt. S. Patnaik,

Additional Government Advocate

CORAM:

THE CHIEF JUSTICE

JUSTICE SAVITRI RATHO

JUDGMENT

23.12.2021

Dr. S. Muralidhar, CJ.

1. This appeal is directed against the judgment dated 27^th June,

2016 passed by the Sessions Judge, Nabarangpur in Criminal Trial

No.118 of 2012 whereby both the Appellants have been convicted

under Section 302/201/34 IPC and sentenced to undergo

imprisonment for life and to pay a fine of Rs.10,000/- and in default

to undergo further rigorous imprisonment (RI) for a period of one

year for the offence under Section 302/34, I.P.C. and for the offence

under Section 201/34 IPC they had been sentenced to undergo RI

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CRLA No.625 of 2016

for 3 years and to pay a fine of Rs.2,000/-, and in default to undergo

RI for 3 months more.

2. The case of the prosecution is that on 1^st June, 2012 at around 4

pm, one Jalandhar Bhatra (PW 8) called the deceased Raghu Bhatra

for consuming liquor. While PW 8 returned home, the deceased did

not. Despite search by the son of the deceased and other villagers,

the deceased could not be located. Then on the following morning,

when the son of the deceased asked PW 8 about his father, PW 8

disclosed that on the previous evening while they were returning

after consuming liquor, both the accused caught hold of the

deceased, dealt him knife blows around the neck causing his death.

PW 8 then led the son of the deceased to the spot and showed the

patches of blood lying on the ground where the occurrence took

place. However, the dead body of the deceased was not available

there.

3. Thereafter, the son of the deceased went to the Kodinga Police

Station (PS) and tendered a written report about the incident. In the

course of investigation, the Investigating Officer (IO) examined the

informant and other witnesses, visited the spot, seized the sample

earth, blood stained earth and one pair of sandals of the deceased

from the spot. In the course of the search, the IO found the dead

body of the deceased at a distance of about 2 km away from the

spot. It was kept inside a gunny bag. The IO then held an inquest

over the dead body and sent it for post-mortem examination.

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CRLA No.625 of 2016

4. On the same day, the IO arrested both the Appellants. The knife

used in commission of the offence was purportedly concealed by

them inside the forest and they offered to get it recovered. Later, the

wearing apparels of the two accused were also collected from their

houses and forwarded to the Court. The wearing apparels of the

deceased were also collected after the post-mortem examination.

5. Dr. Hrusikesh Satapathy (PW16), who was the Medical Officer

(MO) at the Kosagumuda Community Health Centre conducted the

autopsy over the dead body of the deceased. He noticed the

following injuries:

“External injuries :

i) Cut throat injury of size 6x2x2 inches extending

from right angle of mandible to the left angle of

mandible;

ii) Stab wound of size 2x1x1 inches over left cheek;

iii) Stab wound of size 2x1x1 inches over right cheek;

iv) Lacerated injury of 2x2 inches over right posterior

angle of neck.

Internal injuries :

On dissection it was found that large vessels of the neck

were torn. So also larynx was torn.”

6. PW 16 opined that all the injuries were ante-mortem in nature

and that the nature of death was homicidal. After completion of the

investigation, a charge-sheet was laid against both the accused and

charges were framed against each of them for the aforementioned

offences. They pleaded not guilty and claimed trial.

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