MANANIGA DIGAL AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal arises out of an order dated 7.4.1993 passed by the learned sessions Judge, Phulbani In Sessions Trial No. 77 of 1992 thereby convicting the Appellants for commission of offences punishable under Sections 392/397/302/34, I.P.C. and sentencing each of them to undergo rigorous imprisonment for seven years under Sections 392 and 397, I.P.C. and rigorous imprisonment for life under Sections 302/34, -I.P.C. The sentences have been directed to run concurrently.

(2.) THE prosecution case is that on 2/3.3.1992 between 10 P.M. and 5 A.M. the Appellants committed robbery by snatching away the gold ornaments of one Kema Mallick causing grievous hurt to her and in furtherance of their common intention, they committed murder by intentionally causing the death of said Kema Mallick. The further facts reveal that the husband of Late Kema mallick was an accused in a murder case and lodged in Balliguda Sub -jail. The accused Manu alias Monoranjan Digal and Maninga Digal were also co -inmates of the aforesaid jail where the husband of the deceased was lodged. On 17.1.1992 Kema mallick and the father of the accused manu alias Manoranjan Digal came to Balliguda Sub -jail and visited their respective relatives. Being enlarged on bail, on 2.3.1992 accused Manu Digal and Maninga Digal came to the house of the deceased who was then staying in her parent's house and canvassed her to go with them to Balliguda sub Jail to get her husband escaped from the jail and assured her that they would instruct him to scale over the wall of the jail by means of a rope. The parents of the deceased dissuaded her to pay any -heed to the suggestion of the accused persons. But on 2.3.1992 at about 8 P.M. accused Manu Digal and Maninga digal came to the house of the parents of the deceased and discussed with the deceased. The deceased left the house with them. It was night. On the next day morning, the dead body of the deceased was found lying in the field. The matter was reported by P.W. 2 Bidu Mallick in Balliguda Police Station and after completion of investigation, charge -sheet was submitted for commission of aforesaid offences on the allegation that on the fateful night all the accused persons robbed the gold ornaments of the deceased and killed her by dashing her head against the wall of the cowshed of accused Manu and the aforesaid offences have been committed by Manu alias Manoranjan Digal Maninga Digal and Para Digal.

(3.) THE plea of the defence was complete denial.