TULU @ SURYANARAYANA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment dated 9.10.2001 passed by the learned Additional Sessions Judge, Nayagarh in S.T. Case No. 9/ 111 of 1998 convicting the appellant under section 302 of the I.P.C. and sentencing him to undergo imprisonment for life has been challenged in this jail criminal appeal.

(2.) THE accused -appellant, Tulu @ Suryanarayan Sahoo and his mother -Tapaswini Sahoo faced trial in the aforesaid S.T. Case with the prosecution allegation that co -accused -Tapaswini Sahoo (already acquitted by the Trial Court) is the first wife of one Bijay Sahoo and appellant -Tulu Suryanarayan Sahoo is the eldest of their four children. During the subsistence of their marriage, Bijay Sahoo married again to Jayanti Sahoo (informant) and through her begot two sons, namely, Raghunath Sahoo and Suresh Sahoo (the deceased children). It is alleged that on her marriage with Bijay Sahoo the informant was subjected to cruelty by the family members of Bijay and that the accused persons had been declaring that they would kill the sons of the informant, namely, Raghunath Sahoo and Suresh Sahoo lest they might put claim over the property of Bijay Sahoo. It is also alleged that one year prior to the occurrence both the accused persons had attempted to kill Raghunath Sahoo, eldest son of the informant, by administering oleander seed with molasses (gurh), but the informant rescued her son. About six months prior to the occurrence, co -accused -Tapaswini sahoo also attempted to kill Raghunath Sahoo by putting chilly powder in mouth. In this background, it is further alleged that on 6.11.1997 the appellant committed murder of Raghunath Sahoo and Suresh Sahoo, who were then aged about six years and three years respectively, by cutting their necks by means of sickle on the verandah of his house. The informant carried her two deceased sons to Bahadajhola Police Outpost with the help of one Khadal Sahoo (P.W. 1) and lodged F.I.R. before the A.S.I. of police having of it scribed by Puma Chandra Sahoo (P.W. 13). The A.S.I. of Out Post P.W. 14) sent the F.I.R. to Odagaon Police Station for registration of case and took up preliminary investigation, during the course of which he held inquest over the dead bodies of the two deceased boys in presence of witnesses and sent the bodies for post -mortem examination. He visited the spot and seized the blood stained sickle that was lying on the spot, one blood stained napkin and some blood stained earth and sample earth from the spot and examined some witnesses. Subsequently, he handed over charge of investigation to the O.I.C. of Odagaon Police Station (P.W. 11), who during the course of his investigation arrested both the accused persons on 18.11.1997, seized the blood stained lungi of the appellant, the wearing apparels of the deceased boys, arranged for chemical examination of the seized materials and on completion of investigation submitted charge -sheet against both the accused persons under sections 498 -A/302/34 of the I.P.C. for which the accused persons ultimately stood charged.

(3.) THE defence plea is one of complete denial of the occurrence. The further plea of the appellant Tulu @ Suryanarayan Sahoo as per his statement under section 313, Cr.P.C. is that on the date of occurrence he was not present In the village, but had gone to Mahipur to the house of his Mausa.