SESSIONS JUDGE SRIKAKULAM Vs. DEVARAJU BISAI

JUDGEMENT

(1.) The sole accused in Sessions Case No. 180 of 2000 was tried by the learned Sessions Judge, Srikakulam for offences punishable under Sections 302 and 201 of the Indian Penal Code. On evidence, the learned Judge found the accused-appellant guilty of the offence punishable under Section 201 of the Indian Penal Code and convicted and sentenced him to suffer rigorous imprisonment for three years. The learned Judge further found the accused-appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and convicted and sentenced him to death. After passing the death sentence, the learned Judge referred the case to this Court for confirmation of the death sentence and, therefore, it was registered as RT No.2 of 2001 whereas the accused, aggrieved by the aforesaid order of conviction and sentence, filed Criminal Appeal No.586 of 2001. Since both matters arise out of the same sessions case, we dispose of them by this common judgment.

(2.) The substance of the charge against the accused was that on 23-7-2000 at Vaddiputhiga village, he caused the death of one Ravi Bisai, aged about five years, by strangulating him with a "lungi" and thereafter caused the disappearance of evidence by throwing the dead body in Ganugu Gunta Tank.

(3.) The prosecution story can be briefly narrated as follows. PW1 is the brother of the accused. PW3 is the mother of the deceased. Hari Krishna Bisai is the father of the deceased and junior paternal uncle of PW1 and the accused. PW4 is the father-in-law of PW3. PW6 is the brother of PW4. Thus, the accused was closely related to the deceased.