BUTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal, the appellants have challenged the judgment and order of conviction dtd. 12/2/2001 for the offence under Ss. 120-B/302/201/419/420/468 of the I.P.C. (hereinafter referred to as the "Penal Code" for brevity) passed by the learned Sessions Judge, Keonjhar in S.T. Case No.100/1996. Appellant No.1 has been convicted for the offence under 120-B/302/201/419/420/468 of the Penal Code and appellant no.2 has been convicted for the offences under Ss. 120-B/302/201/34 of the Penal Code. They have been sentenced to undergo imprisonment for life for the offence under Ss. 302/34 of the Penal Code, two years R.I. for the offence under Sec. 201/34 of the Penal Code, one year R.I. for the offence under Sec. 120-B of the Penal Code, two years R.I. for the offence under Sec. 419 of the Penal Code, three years R.I. for the offence under Sec. 420 of the Penal Code and three years R.I. for the offence under Sec. 468 of the Penal Code.

(2.) The case of the prosecution can be stated briefly as follows: The deceased-Santosh Kumar Pradhan and accused-Bidyadhar Parida, appellant No.1, were jointly executing contract work at Bhaliadal standing in the name of Binoda Parida (D.W.1), the brother of appellant no.1. In that connection Santosh was putting up at Champei, the village of appellant no.1 and also at the work site i.e., Bhaliadal. On 3/1/1996 Santosh Pradhan went to his native place at Madalia under Barakote Police Station in the district of Deogarh to bring money from his father-Prasanna Kumar Pradhan. Prasanna Kumar Pradhan gave the Pass Book and two blank withdrawal forms being signed by him. That was the practice followed to provide money when money was required by Santosh for the work.

(3.) On 27/1/1996 Prasanna Kumar Pradhan received an interview call letter of Santosh which was scheduled to be held on 4/2/1996. So Prasanna came to the house of appellant no.1, but learnt from the family members that Santosh has not yet returned form his village since 3/1/1996. Thereafter Prasanna waited and further searched. Again on 18/2/1996 Prasanna came to village Champei and ascertained from appellant no.1 that Santosh had gone to Barbil. Being suspicious, Prasanna went to the Bank on 18/2/1996 and found the amount has been withdrawn by use of the withdrawal slips issued by him. On 20/2/1996 at Barkote P.S. and on 21/2/1996 at Suakati Out Post, information was lodged which was recorded in the respective Station Diary Registers and in the man missing register. During that period, Prasanna was residing at Mishra Lodge, Keonjhar for searching Santosh along with his relations Hrudananda Parida and Lokanath Parida. Appellant no.1, his brother Binoda and their two maternal uncles, Natabar Barik and Nisakar Barik, came to Mishra Lodge on 23/2/1996 night. Being advised by Police to trace out Santosh and in that connection they had discussions at Mishra Lodge. There appellant no.1 confessed before them to have committed murder of Santosh Pradhan along with co-accused Prafulla Barik with the help of a bala on 7/1/1996 night on their way from Bhaliadal, after enjoying the feast, to Bada Ghagara near a small hillock. Appellant no.1 further confessed that seeing the blank withdrawal forms signed by Prasanna in possession of Santosh he could not control his temptation and hatched up the plan to commit the murder for withdrawal of the money and accordingly committed the murder. After commission of the murder, on 8/1/1996 Rs.20,000.00 was withdrawn and on 15/1/1996 Rs.25,300.00 was withdrawn by forging the signature of Santosh Kumar Pradhan. These facts were reported in writing by Prasanna Pradhan at Keonjhar Sadar P.S. on 24/2/1996 which led to the investigation.