KISHORE DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against an order of conviction of the appellant for offence under Sections 302 and 404 I.P.C for having committed murder of one Raja Goudani (hereinafter referred as "the deceased") and for misappropriating her golden ornaments on 1.9.1993 at Kendudhipa jungle near village Nuagada in the District of Ganjam.

(2.) Shorn of all the unnecessary details, the short facts are:Rama Gouda, the husband of the deceased used to tend goats. He along with his son used to take goats to different places for grazing and return in late afternoon every day. The deceased as matter of course, used to carry food for the at noon. On 01.09.93, the Deceased took food for her husband and son to Kendudhipa jungle where they were grazing the goats. Rama and his son took their after-noon meals and thereafter, the deceased returned carrying the utensils and some leftover food. It is stated in the F.I.R that the deceased was wearing a Khasu mali (Gold coins strung with thread), a gold Sorisa Mali with locket, a pair of gold ear-flowers and a pare of nose ornaments made of gold. Unfortunately, she did not reach her house. In the evening Rama and his son returned home and query their daughter Gita Goundani informed that the deceased has not returned. Rama thereafter along with some of the villagers went in search of the deceased towards Kendudhipa jungle. They discovered the dead body of the deceased lying on the side of the road half concealed with stones and earth. There were extensive injuries on the face and head of the deceased. The gold ornaments except one ear-flower were missing. Rama Gouda (P.W 6) lodged an F.I.R which was scribed by Gopal Krishna Gouda (P.W. 7) before the O.I.C., Sorada police station on the next day i.e. on 02.09.93 morning and a case was registered.

(3.) While the investigation was in progress, P.W 8, Arjun Behera Disclosed that on 01.09.1993 while he was gossiping with one Dibakar Behera and Biswanath Behera, the accused approached him and wanted to pledge gold "Sorisa Mali for Rs. 500/ after being satisfied that it was made of gold, PW 8 sent one Baya Gouda to bring Rs 500/- from his house which was brought by his son Dilip Kumar Behera. PW8 wrapped the Sorisa Mali in paper, wrote the name of accused, kept it and paid Rs. 500/- to the accused. It is stated that on the said date he heard rumor that Raja Goudani has been murdered and her golden ornaments were stolen. Suspecting that the accused has committed the murder and that the Sorisa Mali which was pledged with him may belong to the deceased, he produced the same before the village meeting held at village Nuagada in the night of 02.09.1993 and disclosed that the deceased has pledged the said "Sorisa Mali" and barrowed a sum of Rs. 500/- from him. The villagers who were attending the meeting sent for Rama Goudo and his daughter Gita Goudani. Both of them identified said Sorisa Mali to be that of the deceased. The said "Sorisa Mali" was sized by the police on the next day in the house of the Sarpanch. Thereafter, the appellant was arrested and charge sheet was submitted against him under Sections 302, 201/404 of I.P.C.