STATE OF ORISSA Vs. ARDHU CHENDREYA

JUDGEMENT

(1.) Human depravity has no limits. But howsoever gruesome the offence may be, every individual has a right of a fair trial. Even in cases of most heinous offence, which shakes human conscience, a person cannot be convicted or condemned without a regular trial as per the procedure established by law. Only after a regular trial, in which the accused is given enough opportunity of defending himself, can an individual be convicted of any felony. This is a case where on the face of it, the court is very concerned about the crime and the way it was perpetuated. However, the court has to take a perspicacious view of the matter and see if the conviction recorded by the learned Sessions Judge and the order of sentence i.e. death penalty, which has been referred to this Court under Section 366 of the Code of Criminal Procedure, 1973, hereinafter referred as "the Code," for brevity, are correct or not.

(2.) The condemned prisoner-Appellant, hereinafter referred as the 'accused' for brevity, was charged for the offences under Section 302, 376(2)(f) of the Indian Penal Code, 1860, hereinafter referred as "I.P.C.", for brevity, and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is alleged by the prosecution that on 24.12.2007 at about 10.30 P.M., K. Chenneye, K. Benga and K. Manoj and the present accused came to the house of the informant Duryadhan Das to call him to attend the funeral feast that was being given on the death of one K. Appeya. On such information, the informant's brother Kamadeba Das and his children left for the feast. K. Chenneya, K. Benga and K. Manoj also went back. The accused remained there. In the meantime, the informant's daughter, i.e. the deceased, aged about 8, woke up and expressed her desire to attend the feast. The informant was not willing to let her go, but the accused proposed that he would take her with him. The informant agreed and allowed the victim to go with the accused. At about 11.30 P.M. Kamadeba, the informant's brother returned home along with his children. The victim was not with him. So the informant enquired from Kamadeba about the victim and was informed that he had not seen the victim at the feast. Thereafter, the informant and others went in search of the victim. In course of such search, they came across the accused near "Mati Khana Chhaka". On being asked regarding the victim, the accused told that he left her near the school premises.

(3.) Search continued but the victim was not traced out. Some of the villagers went towards the thrashing floor of the accused. They found the dead body of the deceased lying on the thrashing floor with multiple injuries. The informant and others getting that information went there. Near the thrashing floor, the deceased's CHADI and LUNGI, (with which she used to wrap herself) were lying on the backside of the 'Pinda' of the accused's cowshed. There was also stone stained with blood lying near Chadi and Lungi. A trail of blood found leading upto the cow dung pit within the thrashing floor belonging to the accused, where the dead body of the deceased was lying with injuries over her neck face and other parts of the body. A blood-stained yoke (Juali) was lying near the dead body. The villagers then searched for the accused but he had fled.