STATE Vs. RANJAN PRADHAN

JUDGEMENT

(1.) The appellant (vide Jail Criminal Appeal No. 45 of 2001) has been convicted by the learned Sessions Judge, Phulbani for committing murder by intentionally causing the death of Santosh Pradhan and Sanita Nayak and sentenced to death. He has also been convicted under Sections 376/511, I.P.C. for attempting to commit rape on the deceased-Sanita and sentenced to rigorous imprisonment for two years. For attempting to commit murder of Aswini Nayak, he has been further convicted under Section 307, I.P.C. and sentenced to undergo rigorous imprisonment for ten years. The appellant has submitted the aforesaid appeal through jail.

(2.) The prosecution story as narrated in the F.I.R. lodged by Pradeep (P.W. 1) runs as follows : On 7.2.1999 (Sunday) at about noon, his deceased son-Santosh (aged about ten years), deceased-Sanita (aged about 20 years) along with Babula-P.W. 2 (aged about ten years) and the injured-Aswini, P.W. 8 (aged about twelve years) had gone to a gorge lying in between 'Dingumaha' hills for collection of broomsticks. The gorge is locally known as 'KUTI'. At about 2 p.m. Babula (P.W. 2) came running to the village and informed the villagers that while they were collecting broomsticks in the 'KUTI', an unknown tall person of fair complexion wearing a lungi and having an axe in his hand dragged the deceased-Sanita. Hearing her hue and cry when the deceased-Santosh and injured-Aswini (P.W. 8) went to save her, that person attacked all three of them by means of the axe. Seeing this incident from a distance, he got scared and ran away to the village. Hearing this news, the informant (P.W. 1), grandmother of the deceased-Sanita, Gouranga Pradhan (not examined), Pitabash nayak (not examined), appellant and others ran to the place of occurrence and found Santosh and Sanita were lying dead on the river bed with head injuries on them and injured-Aswini was lying unconscious with injuries on his person. The wearing blouse of deceased Sanita was found opened from the front side. The injured-Aswini was removed from the place of occurrence and was sent to Raikia hospital for treatment. On the basis of the said F.I.R., investigation was taken up by P.W. 10. The appellant was arrested on 9.2.1992 and after completion of investigation charge-sheet was filed leading to his conviction and sentences as aforesaid.

(3.) The plea of the appellant one of denial. According to him, he was falsely implicated on his refusal to contribute rice and cash of Rs. 500/- to the villagers for celebration of Ludumria festival' in the village.