PADMAN BIBHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the impugned judgment and order dtd. 15/4/2024 passed by the High Court of Orissa at Cuttack in Criminal Appeal No. 358 of 2019, whereby the High Court has affirmed the conviction and sentence imposed by the Trial Court convicting the appellant for committing the offences under Ss. 302 and 201 of Indian Penal Code, 1860 ['IPC'] and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000.00 and imprisonment for two years and to pay a fine of Rs.5,000.00 respectively for each of the offence.

(3.) The prosecution case, in brief, is that at about 11 a.m. on 4/4/2016, informant's son Akash Garadia ['deceased'] along with Budhadeba Garadia(PW-1) and Susanta Kusulia(PW-2) and the appellant/accused had been to the river nearby the village to take bath. From there, the appellant/accused and the deceased went to cashew field for collecting the cashew. The appellant/accused and the deceased did not return for long time, however, PW-1 and PW-2 returned to the village. The informant/Kalia Garadia(PW-3) inquired about the whereabouts of his son from PW-1 and PW-2 who informed him that they asked the appellant/accused about the deceased to which he replied that the deceased will never return and if they disclose this fact to the co-villagers, he will kill them. Thereafter, PW-3 inquired from the appellant/accused about his son but he expressed his ignorance and told that he had not seen the deceased. Then PW-3 along with his co-villagers went to the riverside in search of the deceased but they could not find him. On the next day, i.e. 5/4/2016, about 06.00 a.m. again PW-3 went to the riverside in search of his son and found his dead body floating in the river. PW-3 lodged FIR (Exhibit-1) alleging that the appellant/accused has killed his son and threw his dead body in the river.