STATE OF ORISSA Vs. NRUSINGHA CHARAN BARIK

JUDGEMENT

(1.) The prosecution case giving rise to the above-mentioned three appeals may be briefly stated as follows : Accused Nrusingha Barik is a resident of village Ramakrishnapur and accused Kailash Barik is a resident of the neighbouring village Nahanga and both the villages are at a distance of about 3 kms. from village Dixitpada (within Salipur P.S. in Cuttack district) where deceased Swarnalata, an unmarried girl aged about 17 years, was residing with her mother. Accused Nrusingha is the deceased's father's sister' son. Swarnalata's father Golak Barik died about 10 years prior to the date of occurrence. Swarnalata's sister Pravabati (P.W. 22) was also residing in the same village Dixitpada with her husband Prafulla (P.W. 1). Accused Nrusingha used to frequently visit the houses of Swarnalata and Prafulla. About one year prior to the date of occurrence deceased Swarnalata was bitten by a dog and in spite of treatment at Kendrapara and Cuttack, she was not completely cured. On 20-12-81, a Sunday, accused Nrusingha came to Dixitpada and along with the deceased's sister (P.W. 22) and brother-in-law (P.W. 1) went to witness "Pala" where he met the deceased and her mother (P.W. 29) and during the course of his conversation with them P.W. 29 requested accused Nrusingha to take the deceased to Sisua for her treatment, but he refused the request stating that he had to go to Keonjhar. On the morning of 21-12-81 Swarnalata came to the house of her sister (P.W. 22) at about 8 a.m. and accused Nrusingha also came there about one hour after and on his suggestion deceased gave her Mali earrings and in exchange borrowed the gold earrings of her sister (P.W. 22) and wore them. Deceased left her sister's house stating. that she would be going to Sisua. Some time after accused Nrusingha also left the house of P.W. 22 stating that he would go to Keonjhar. On the morning of 23-12-81 P.W. 5 found the dead body of a girl, whose identity was not known to him, lying on the bank of Maijora river. He made a written report (Ext. 6) about it at the Mahanga Police Station. P.W. 2 of village Ostapur saw the dead body and identified it to be of Swarnalata and then he went and informed about it to P.W. 1. On the basis of the report Ext. 6 given by P.W. 5 the Police proceeded with the investigation of the case. Investigation disclosed the complicity of accused Nrusingha and accused Kailash Chandra Bari in the commission of the murder of Swarnalata. After completion of the investigation, the police filed a charge-sheet against accused Nrusingha and Kailash under Ss.302, 376 and 201, I.P.C. read with S.34, I.P.C. on the allegations that in furtherance of their common intention with the accused persons after committing rape on the victim girl, killed her and caused the evidence of the commission of the murder to disappear by throwing away the body of the deceased into the river.

(2.) In the Court of the Additional Sessions Judge, Cuttack, both the accused persons stood their trial facing charges under Ss.302/34, 376/34 and 201/34, I.P.C., The learned Additional Sessions Judge after considering the entire evidence in the case passed judgement acquitting both the accused persons of the charge under S.376, I.P.C. and while holding accused Nrusingha guilty of the offences under Ss.302 and 201, I.P.C., acquitted the other accused of the offences under Ss.302 and 201, I.P.C. as well, but convicted him of the offence under S.411, I.P.C. The learned Additional Sessions Judge sentenced the accused Nrusingha to undergo imprisonment for life under S.302, I.P.C. and did not impose any separate sentence under S.201, I.P.C. For the offence under S.141, I.P.C. accused Kailash was sentenced to undergo rigorous imprisonment for a period of three years. Being aggrieved by the judgement convicting him under Ss.302 and 201, I.P.C. and sentencing him to undergo imprisonment for life accused Nrusingha preferred Criminal Appeal No. 92 of 1983. Being aggrieved by the order of conviction and sentence passed against him under S.411, I.P.C. accused Kailash preferred Criminal Appeal No. 35 of 1983. State of Orissa preferred Government Appeal No. 26 of 1983 urging that accused Nrusingha ought to be convicted under S.376, I.P.C. as well. Thus the above three appeals arise out of the same judgement and the same are, therefore, disposed of by this common judgement.

(3.) The plea of the accused persons before the trial Court was one of denial. No witness was examined on behalf of the accused persons in support of their plea.