JUDGMENT : 1. Challenge in this appeal by the sole appellant-Magasira Sahu is to the impugned judgment and order dated 23.07.2007 recorded by Additional Sessions Judge (Fast Track Court), Bargarh in C.T. Case No 416/90/24 of 2003-07 State of Orissa v. Magasira Sahu, relating G.R. Case No. 72 of 2003 of JMFC, Barpali emanating from P.S. Case No. 72 of 2003 of the same Police Station Appellant has been held to be guilty under Section 302 of IPC and has been sentenced to imprisonment for life by the learned Trial Judge. 2. In an abridged form, the prosecution story, as was disgorged at the Police Station, later on trotted out during investigation and testified before the learned Trial Judge, revealed that one Kirtan Sahu PW-12 is a resident of Mouza-Barpali Police Station-Barpali, Dist-Bargarh. Kirtan Sahu had two sons, namely, Sudam Sahu and Subal Sahu. Jayanti is the wife of Sudam, whereas Anita is the wife of Subal Sahu. Sudam and Subal had two sibling sisters, namely, Ketaki (deceased) who was married to Jagannath Barik and Rabati PW-13 who was married to one Kalanjar Pradhan. Further prosecution case is that, in a case of murder of daughter-in-law Jayanti, wife of Sudam, informant Kirtan Sahu PW-12 along with his wife, son and deceased Ketaki were arraigned as accused. Because of involvement of Ketaki in the aforesaid murder case that Jagannath Barik, her husband, who was resident of village Julat, had disowned her and since then Ketaki ieceased was residing with the informant at his village. Two days prior to the present incident Ketaki had gone to another village Remta In her absence, when informant PW-12 was also not present in his house, that it is alleged, that the present appellant trespassed into the house of the informant, when Rabati PW-13 and Anita wife of Subal were sleeping on the roof, and he snatched away a gold chain/necklace of Anita and also committed a theft of Rs. 2000/-, After return of Ketaki (deceased) that she demanded return of stolen article and the money from the appellant as she intended to lodge an FIR against the appellant regarding that theft incident. On threatening by the deceased-Ketati, that the appellant entered into an agreement/settlement with her and promised to return the stolen article which in fact he did not do. On threatening by the deceased-Ketati, that the appellant entered into an agreement/settlement with her and promised to return the stolen article which in fact he did not do. Further prosecution case is that on the ill-fated day on 22nd of June, 2003 the two sibling sisters Ketati and Rabati, after bathing in the pond, were returning to their house when in the mid way they came across the present appellant, who threatened Ketaki for endeavoring to lodge an FIR against him. Ketaki however, did not retorted at that point of time and both the sisters came back to their house and went on their roof and started spreading their wet clothes. Meanwhile the appellant, concealing a TABU (Small Tangia) under a shawl came to the house of the deceased and the informant and started vetuparising the deceased filthily. Deceased came down from the roof and forbade the appellant from using abusive words and told the appellant that she will report the matter. Saying so, the deceased turned around and at that point of time the appellant whisked out TABU from under his shawl and inflicted three successive blows on the deceased. The first one, on her head and left ear causing extensive injury on her head. When the injured tried to save herself by raising her hand, the second blow was given on her hand. Deceased squatted on the ground and though she was transported to the Hospital in an ambulance but the doctor declared her dead. Informant-father PW-12 reported the matter at the Police Station on the same date at 10:00 PM orally which was taken down by the I.O. PW-11 who registered P.S. Case No. 72, under Section 302 of IPC against the appellant. 3. Purandar Bhoi PW-11 S.I. of Police, P.S.- Barbil had registered the crime on the oral dictation of the informant and had prepared the F.I.R. Ext. 5. Sudam Pradhan, son of the informant had accompanied his father to the police station for the purposes of lodging the F.I.R. and he has also signed the registered First Information Report. PW-11 immediately engineered the investigation examined the informant as well as Sudam Pradhan. 5. Sudam Pradhan, son of the informant had accompanied his father to the police station for the purposes of lodging the F.I.R. and he has also signed the registered First Information Report. PW-11 immediately engineered the investigation examined the informant as well as Sudam Pradhan. It is noted here that prior to registration of the formal F.I.R., at the dictation of the informant, on the strength of a telephonic message received at 8:20 PM, that a Station Diary Entry No. 419 was also prepared at the same Police Station. A.S.I., G. Kalo and R.C. Mishra were already deputed to verify the facts. At 9:30 PM, AS.I., G. Kalo had informed PW -11 regarding shifting of injured Ketaki to Government Hospital Barapali. At 10.00 PM, the F.I.R., as already noted, was registered. 4. PW-11 came to the Government Hospital and found the dead body of the deceased lying on verandah but due to paucity of facilities, the inquest could not be conducted on the cadaver of the deceased at that night. Other witnesses Sarakar Naik, Fakira Pradhan present in the Hospital premises were examined and their statements were slated down. Following day of the incident, I.O. came to village Barapali, examined witnesses Ganbulu Pradhan, Rebati Sahu, Kausalya Sahu, Subal Sahu, Khirodra Pradhan, Jagat Pradhan, Jayaram Pradhan and Pramila Pradhan. House of the appellant was raided to apprehend him, but meanwhile the appellant had escaped. Inquest on the cadaver of the deceased was conducted at 7:30 AM in presence of witnesses and Inquest Memo Ext. 6 was slated down. Dead body, thereafter, was dispatched through Constable Bipin Bihar Bedbag and R.N. Baikar for autopsy purposes at 9:30 AM. Dead body Challan Ext. 7 and Command Certificate Ext. 8 were also prepared. At 10:30 AM. I.O. again came to the incident village and prepared a spot map Ext. 9. Blood-stained earth and sample earth were collected at 12:30 PM from the incident spot in presence of the witnesses and Seizure Memo Ext. 2/1 was prepared. Other witnesses were examined by the I.O. thereafter. In the evening at 6:30 PM, I.O PW-11 seized wearing apparels of the deceased which was dispatched by the Medical Officer and were produced by Constables vide Seizure List Ext. 1. Seizure witnesses were examined thereafter. Autopsy report of the deceased was received by the I.O. on 01.07.2003. 2/1 was prepared. Other witnesses were examined by the I.O. thereafter. In the evening at 6:30 PM, I.O PW-11 seized wearing apparels of the deceased which was dispatched by the Medical Officer and were produced by Constables vide Seizure List Ext. 1. Seizure witnesses were examined thereafter. Autopsy report of the deceased was received by the I.O. on 01.07.2003. Appellant was arrested at 11:00 AM on 02.07.2003 while he was standing at Bargarh Bus Stand although his formal arrest was shown at 1:00 PM. Accused-appellant made confessional statement as well as disclosure statement for concealment of attires and weapon which was taken down as Ext. 10. Thereafter the appellant-accused brought by the police party to village Kadali Pali near Khirasad Nala by the side of a railway track and got the attires, a lungi with yellow dot print and a sambalpuri yellow colour with green border attires recovered from that place. Thereafter, the appellant brought the police party to village Tulandi and gave recovery of the axe with blood-stained from a water-pit (Chuan), seizure list of which is Ext. 12. Wrapping up the investigation, I.O. has charge-sheeted the appellant after obtaining report from SFSL, Rasulgarh, Bhubaneswar under the orders passed by J.M.F.C, Barpali. Forwarding report in that respect is Ext. 13. 5. Case of the appellant was committed to the Sessions Court after observing due committal formalities and learned Trial Judge charged the appellant under Section 302 I.P.C. on 17th July, 2004. Since the appellant abjured that charge pleaded not guilty and claimed to be tried that he was prosecuted. 6. In support of its case, prosecution examined orally 13 witnesses and exhibited 13 documentary evidences. Accused in his defence has not laid any witness nor has filed any document. 7. Vide impugned judgment and order, learned Trial Judge held the appellant guilty of the crime and, therefore, has convicted and sentenced him as above. Challenge to which judgment has been made in the instant appeal by the sole convicted-accused. 8. On the cadaver of the deceased, autopsy was performed by Dr. Narayan Acharya. PW-7 on 26.07.2003 as Specialist Surgeon in District Hospital Bargarh. Doctor had found the body to be stout, Vigour mortis Was present. Eyes were closed and both the pupils were dilated. On the torso of the dead body the doctor had found following injuries : 3. 8. On the cadaver of the deceased, autopsy was performed by Dr. Narayan Acharya. PW-7 on 26.07.2003 as Specialist Surgeon in District Hospital Bargarh. Doctor had found the body to be stout, Vigour mortis Was present. Eyes were closed and both the pupils were dilated. On the torso of the dead body the doctor had found following injuries : 3. wounds found on the body were (i) one incised wound 5.3 x 2.5 x 7 cm with blood clot inside on left ear, ear pinnal divided into 2 x two halves, passing backwards and up wards from the ear. All the blood vessels of left side of neck were found to be cut at the depth of this wound. (ii) Incised wound, avulsed out with a piece of bone x 5.5 x 1 cm over left frontal area of scalp. (iii) Incised would 6.5 x 3.5 x 1 cms on mid back of left forearm. 9. Further examination of the corpse revealed that the heart was empty on both the sides, urinary bladder was empty and the stomach contained boiled rice. The death had ensued due to shock from injury No. (1) which was inflicted by a sharp cutting weapon. All the injuries were ante mortem in nature. Twelve hours had elapsed since the deceased had demised. Autopsy report of the deceased Ext. 3 containing doctor's signature as Ext. 3/1. 10. In the background of the aforesaid facts that we have heard Shri Bhabani Shankar Das learned counsel for the appellant and Shri J. Katikia, learned Additional Government Advocate for the State and have vetted through the trial Court record analytically and critically. 11. It is contended by learned counsel for the appellant that the incident had occurred due to anger and there is a single fatal blow sustained by the deceased and, therefore, the crime will not traverse beyond the scope of Section 304, Part-I, IPC and consequently recorded conviction under Section 302 IPC is bad in law. It is also submitted that the appellant has remained in jail since last thirteen years and, therefore, that much of sentence will suffice and meet the ends of justice. It is also submitted that the appellant has remained in jail since last thirteen years and, therefore, that much of sentence will suffice and meet the ends of justice. It is further contended that most of the prosecution witnesses have already turned Hostile and learned Trial Judge has convicted the appellant only on the strength of the statements of the informant-father PW-12 and Rabati Sahu @ Pradhan, the sister of the deceased PW-13, in conjunction with the medical evidence by the doctor. None of the two witnesses, who are related and inimical are reliable There are contradictions regarding the manner of assault and, therefore, the appeal be allowed, the appellant be acquitted of the charge and be set at liberty. 12. Learned Additional Government Advocate argues to the contrary and snip of the submissions raised by learned counsel for the appellant. 13. We have pondered over rival submissions. Our examination of the record reveals that the learned Trial Judge was absolutely correct in observing that in-so far as evidences of Ganbulu PW-1, Khirodra Pradhan PW-2, Fakira Pradhan PW-3, Jayaram Pradhan PW-5, Narayan Pradhan PW-6, Dhiren Pradhan PW-8, Brusava Pradhan PW-9 and Theku Pradhan PW-10 are concerned, they are of no worth as none of these witnesses have lend credence to the prosecution story and corroborated the F.I.R. version. We, for the sake of convenience, eschewed to record in detail the testimonies of these witnesses. However we find that so far as father of the deceased PW-12 Kirtan Sahu, who is also the informant of the case is concerned, he has supported the prosecution version in its entirety From his cross-examination, we have not been able to fathom out any damaging evidence which can discredit prosecution version and rob it of its main substratum. In all material aspects of the matter, informant had supported his version and has nailed in the appellant as the sole perpetrator of the crime. Defence has miserably failed to dislodge the testimony of the informant. There is scanty reason for us to disbelieve informant-father, who had absolutely no motive to foist a false case against the appellant and to be a perjurer unreliable witness. His testimony is creditworthy and truthful. Defence also could not point out any other motive to any other person who could have committed murder of the deceased. There is scanty reason for us to disbelieve informant-father, who had absolutely no motive to foist a false case against the appellant and to be a perjurer unreliable witness. His testimony is creditworthy and truthful. Defence also could not point out any other motive to any other person who could have committed murder of the deceased. It is worthwhile to note that the incident had occurred in the month of June in broad day light just in front of the house of the deceased and the informant and, therefore, both PW-12 as well as PW-13, who are the father and sister of the deceased, are natural witnesses. Their presence at the spot, therefore, cannot be doubted PW-13 has corroborated the father in all material aspects of the matter There was no reason for her to frame the appellant in a false case. Evidence of both the witnesses are confidence inspiring and, therefore, are reliable. Medical report also corroborates the prosecution version and, therefore, there is scanty reason to disbelieve the prosecution story. Informant being an illiterate person had no opportunity to fabricate a false story. F.I.R. was lodged at the police station within a measurable period of time during which the deceased was even carried to the Hospital Distance of police station from the incident village was 15 Kms and the F.I.R. was lodged at the moonlit night within five hours. In view of aforesaid, there was no time left with the prosecution to create a false story. 14. In view of what we have stated above, we do not find that the conviction and sentence of the appellant requires any alteration or modification by us and the appeal sans merit. Learned Trial Judge had committed no error in convicting the appellant for the charge of murder and sentencing the appellant to life imprisonment although we observe that while sentencing the appellant, learned Trial Judge should have imposed some fine on him also because fine is a necessary content of sentence under Section 3021.P.C. Be that as it may, we do not want to correct the error at this belated stage, especially when the appellant has been sentenced to imprisonment for life. 15. The appeal sans merits and is dismissed. Conviction and sentence of the appellant recorded through the impugned judgment is hereby confirmed. Appellant shall remain in jail to serve out remaining period of sentence. 16. 15. The appeal sans merits and is dismissed. Conviction and sentence of the appellant recorded through the impugned judgment is hereby confirmed. Appellant shall remain in jail to serve out remaining period of sentence. 16. Learned Trial Judge and the Jail Superintendent, where the appellant is serving out his incarceration be informed accordingly. Final Result : Dismissed