KANKA ALIAS DUYON HO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant stands convicted under section 302, I. P. C. and sentenced to imprisonment for life. He has also been convicted under section 301, I. P. C., but no separate sentence has been passed thereunder.

(2.) BRIEFLY stated the case of the prosecution is that the appellant was under the impression that Bumuni Dei (hereinafter referred to as 'the deceased') was witch and was bent upon to kill him by practising witch -craft. So on 15 -1 -1992 he throttled the neck of the deceased near 'Handia Goodam' in village Dangadiha and thereafter carried the body of the deceased to a place near the house of co -accused Anadi (since acquitted). There he tied the hands and legs of the deceased with a rope, and with the help of the co -accused Anadi carried the body of the deceased by means of a wooden pole to a nearby stream. The appellant there checked whether the deceased was breathing. Suspecting that she might be alive, he picked up a stone and dealt a blow with that stone on the head of the deceased. After he was satisfied that the deceased was dead, he with the help of co -accused Anadi took the dead -body of the deceased to the land of one Mangta Ho and buried it. On 22 -1 -1992 one Bhaktu Majhi discovered the dead - body of the deceased who reported the matter to the police. An U. D. (unnatural death) case was registered. During Inquiry the police found that the deceased was done to death. Accordingly, the case was converted to one of murder and the Officer in -charge, Satikosia P. S. registered a case under section 302, I. P. C. against 'unknown' by drawing up a formal F. I. R.. After completion of investigation, the appellant and the co -accused, Anadi, were placed on trial ending in the conviction of the appellant and acquittal of the co -accused of the charge under section 201, I. P. C.

(3.) PROSECUTION examined eight witnesses. P. w. 1 is a witness to the inquest of the dead -body and seizure of a wooden pole. P. w. 2 is a witness to the seizure of the stone from the stream. P. ws. 3, 4 and 5 are the co -villagers of the appellant before whom he made extra -judicial confession. P. w. 6 is the doctor who conducted post -mortem examination on the dead -body of the deceased. P. ws. 7 and 8 are the Investigating Officers.