SATRU ALIAS SATRUGHANA GAUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) A letter written by the accused-appellant from jail is entertained and registered as a jail criminal appeal.

(2.) The appellant is convicted under Section 302 read with Section 34, I.P.C. and has been sentenced to undergo imprisonment for life by the First Additional Sessions Judge, Berhampur. On the basis of an F.I.R. lodged by one Padma Charan Sarangt on 3-10-1994, the Officer-in-charge of Badagada Police Station in the District of Ganjam registered P.S. Case No. 61 of 1994: which subsequently converted to Sessions case No.5 of the 1995/S. C, No. 20 of the 1995-GDC.

(3.) Bereft of unnecessary details, the short facts as narrated in the F.I.R. are that Nilachal Sarangi (herein referred to as the Tdeceased), brother of the informant Padma Charan Sarangi, a resident of village Mathura, had been to his field on 2-10-1994 for the purpose of watering the crops. He did not return till 8. p.m. The villagers of Mathura, thereafter searched for said Nilachal Sarangi in the nearby forest canal and school, but failed to trace him out. On the next morning i.e. 3-10-1994 at 5 A. M., the villagers once again searched for Nilachal and found his dead body lying in his agricultural field. It is also alleged in the F.I.R. that on 2-10-1994 at about 7 A.M. accused Satrughana Gouda while going on a bicycle near the crossing of a road, tried to dash the cycle against the deceased. On being questioned, the said accused warned the deceased that he would kill him by evening and left the place. Accused Satrughana is said to be an exfarm servant of the deceased and it is alleged that they had certain dispute regarding the loan availed by Satrughana. It is stated that earlier also the accused threatened the deceased to kill him. From the aforesaid circumstances the informant presumed that his brother Nilachal has been killed by accused-appellant Satrughana. The incident was brought to the notice of the villagers and father of the deceased and thereafter reported before the police. After completion of investigation the police could not arrest the other accused Abhi Gouda and submitted charge sheet against appellant Satrughana only. To substantiate the case, the prosecution examined as many as 14 witnesses. -P.W. 1 is the Doctor of M.K.C.G. Medical College Hospital who conducted the post-mortem examination over the dead body. P.W.2 is the informant who is the younger brother of deceased Nilachal. P.W. 3 is the police officer who took over charge of the case from the Officer-in-charge. Badagada Police Station and after completion of investigation submitted chargesheet. P. W. 4 is a co-villager of Mathura and a witness to the occurrence. P.W. 5 is the Constable who carried the dead body for post-mortem examination. P.W. 6 is an eye-witness to the occurrence who also proved M.O. II the Katuaand M.O.1 the axe an instrument of assault used by accused Abhi Gouda. P.W. 7 is a seizure witness. P.W. 8 is a villager and pre-occurrence witness. P.W. 9 is another eye-witness to the occurrence, P.W. 10 is a witness who had seen the attempt made by accused Satrughana to dash the bicycle against the deceased at 7 a.m. on the date of occurrence. P.W. 11 is another witness to the occurrence. P.W. 12 is a co-villager and a pre-occurrence witness and deposes regarding previous enmity between the appellant and the deceased. P.W. 13 is the father of the deceased. P.W. 14 is the Officer-in-charge and the Investigating Officer of the case.