SIBA NIAL @ TRILOCHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Leave granted. This appeal by Siba Nial @ Trilochan challenges the judgment of affirmation by the High Court confirming his conviction under Ss. 302 and 109 of the Indian Penal Code, 1860[For short, "IPC."], for the murder of Dhaneswar Kata and his wife, Nirupama Kata, during the intervening night of 31/5/2013 and 1/6/2013.

(2.) The case of the prosecution, as reflected in First Information Report[For short, "FIR."] No. 72/2013 dtd. 1/6/2013 registered with Police Station - IIC, Boden, District - Nuapada, Odisha, is that Dhaneswar Kata and Nirupama Kata were found dead on the terrace of the house on the morning of 1/6/2013, having suffered gunshot injuries. They had gone to sleep on the previous night on the terrace of the house along with other family members, namely, Dhananjaya Kata, who was examined as PW-4, and Kishor Bachha, who was not examined.

(3.) Dhananjaya Kata (PW-4), in his Court deposition, did not claim having seen the person(s) who had shot dead Dhaneswar Kata and Nirupama Kata. This was also confirmed by the informant, Hrushikesh Kata (PW-1), who did not name any particular person as a culprit in the FIR (Exhibit 1). Dalimba Kata (PW-2), the wife of the informant, Hrushikesh Kata (PW-1), deposed on similar lines and did not name the culprit. None of these witnesses deposed about how the offence was committed and why they did not hear any gunshots. The appellant, Siba Nial @ Trilochan, and the co-accused, Prabhulal, who is the son-in-law of Hrushikesh Kata (PW-1), were arrested on 9/6/2013, that is, nearly 9 days after the occurrence. The appellant, Siba Nial @ Trilochan, is the nephew of Prabhulal, the co-accused. Prabhulal, it is stated, absconded after being released on bail and has not been arrested till date.