INDRAMANI SAHU ALIAS INDRAJITA Vs. STATE

JUDGEMENT

(1.) The appellant has assailed the order judgment of conviction and sentence passed by the Second Additional Sessions Judge. Berhampur, dated 27th July, 1995 under Sections 302/201, I.P.C. where-under the appellant has been sentenced to undergo R.I. for life and R.I. for 2 years respectively. The sentences were directed to run concurrently.

(2.) The skeletal picture of the prosecution story as presented before the learned Sessions Judge is as follows: That on 15-6-1994 in the night, deceased Mukuta Sahu had slept on the verandah of one of her neighbours as usual. On the following morning she was found missing and could not be traced and finally on 17-6-1994 at about 1 p.m. her dead body was exhumed from inside a nearby compost pit. After the dead body was recovered it was noticed that some of the gold ornaments, which were worn by the deceased were missing. During investigation, it came to light that some days prior to the disappearance of the deceased Mukuta Sahu, the appellant. Indramani Sahu had attempted to snatch away her gold ornaments, but when the old lady woke-up, he ran away. Indramani Sahu, the appellant, is alleged to have made extra judicial confession before the son-in-law of Mukuta Sahu who has been examined as P.W. 1 and also another co-villager (P.W. 2). The appellant 3 and other accused Khalli Mohapatra (since acquitted) have allegedly confessed their guilt before P.Ws. 1 and 2 and other villagers. During investigation, it also came to light that the appellant Indramani pledged those articles with P.W. 4 and borrowed Rs. 900/- from her. They distributed between themselves the pledge and in the process, the appellant took Rs. 400/- and paid Rs. 500/- to Khalli Mohapatra.

(3.) On 17-6-1994 a missing report was diarised, on the basis of such missing report P.W. 6 started making enquiry. In course of enquiry, the accused and his associate Khalli Mohapatra made extra judicial confession. Thereafter a case under Section 302, I.P.C. was registered against them and accordingly, the investigation proceeded. The dead body of the deceased Mukuta Sahu was sent for post mortem examination to M.K.C.G. Medical College and Hospital, Berhampur. The Doctor (P.W. 7) who conducted the post mortem examination however, opined that Mukuta Sahu met a homicidal death. During investigation, it further appeared that the gold ornaments alleged to have been stolen from the person of Mukuta Sahu, were pledged with P.W. 4 but subsequently released by accused Indramani after taking Rs. 900/- from the P.W. 1. After closure of investigation, charge sheet was placed against both the accused namely the appellant and Khalli Mohapatra.