BALKU ORAM Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Appeal is directed against the impugned judgment and order dtd. 29/9/2022 passed by the High Court of Orissa at Cuttack in Criminal Appeal No.158/2003, whereby the High Court dismissed the Appeal and affirmed the conviction and sentence imposed by the Trial Court convicting the appellant of the offences punishable under Ss. 302 read with Sec. 34 of the Indian Penal Code, 1860; "IPC" and sentenced him to undergo rigorous imprisonment for life.

(2.) The case of the prosecution is that on 17/2/1998 at around 5:00 p.m. youngest daughter of Manobodha Naik of village Gundibali Luhakera, Police Station Sector-15, Rourkela in District Sundergarh died. The family members of Manobodha Naik claimed that she died on account of witchcraft practice by the deceased Puni Naik. It was then that the appellant and co-accused Udai Oram came to the house of Puni Naik, dragged her from her house and took her near the house of Manobodha Naik where they assaulted her severely by means of a lathi. The entire incident was witnessed by Sukra Naik (P.W.3), the daughter of Puni Naik. As the result of the deadly assault, Puni Naik died during the early hours of 18/2/1998.

(3.) On 18/2/1998, at 11:00 a.m., P.W.3 accompanied by her maternal uncle, Hrudananda Ganda went to the Police Station and gave the written complaint, based on the complaint, FIR No. 19 dtd. 18/2/1998 at Police Station Sector- 15, Rourkela, District Sundargarh came to be registered against the appellant and the co-accused under Sec. 302 read with Sec. 34 of the IPC.