DAITARI @ GOPINATH BHOTRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 9.8.2000 passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No.72 of 1998 convicting and sentencing the appellants for commission of offences under sections 302 and 201 read with 34 of the Indian Penal Code (for short, the I.P.C.), the appellants have preferred this appeal from jail. Each of the appellants has been sentenced to imprisonment for life under section 302 read with 34 of the I.P.C. and to undergo rigorous imprisonment for five years under section 201 read with 34 of the I.P.C.

(2.) THE deceased was a Grama Rakhi attached to B.Singhpur police station. Prosecution case is that on 8.10.1997 O.I.C. of B.Singhpur Police Station (P.W.17) was informed about discovery of a dead body inside a well of P.W.8 in village Khajuriguda. P.W.17 made station diary entry regarding the information and proceeded to the village. Dead body was brought out from the well and identified to be that of the deceased. It was noticed by P.W.17 that tongue of the deceased was protruding. Suspecting that the deceased was murdered, he drew up plain paper F.I.R. against unknown culprit and took up investigation. In course of investigation, it came to light that about a month prior to the discovery of the dead body, the two appellants were following the deceased and had declared that they would kill somebody that night. Investigation also disclosed prior enmity between the appellants and the deceased. While in custody appellants made confessional statements and led to the discovery of Ganji M.O.III which the deceased was wearing. Upon autopsy by P.W.14 it was found that deceased was killed by manual throttling. Upon conclusion of investigation charge sheet was submitted against the appellants for commission of offences under sections 302/201/34 of the I.P.C.

(3.) APPELLANTS took plea of denial and false implication.