BHIKARI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment of conviction and sentence dtd. 7/7/2018 of the learned Additional Sessions Judge, Patnagarh passed in Sessions Case No.10 of 2016 has been assailed in the present appeal.

(2.) The Appellant along with another co-accused faced trial being charged under Ss. 493/417/302/201/120-B/34 of the Indian Penal Code (in short I.P.C.?) and Sec. 3(2)(v) of SC and ST (PoA) Act, 1989. While the other co-accused has been acquitted, the present appellant is convicted for commission of offences under Ss. 302, 201 of the I.P.C. along with Sec. 3(2)(v) of SC and ST (PoA) Act and sentenced for life imprisonment.

(3.) Prosecution story in brief is that, Appellant Bhikari Behera @ Pakhun and the deceased, a girl aged around 18 years were in love relationship. Both of them belong to same village-Bagiharan. On 21/8/2015 night all the family members of deceased went to sleep after taking their dinner. On the next morning they found the deceased was missing in the house. They searched for her but could not find her. On 25/8/2015 a telephone call was received by the sister of the deceased (P.W.4) from mobile No.7683897900 (as mentioned in the F.I.R.) that the deceased had fled away with the Appellant Pakhun and they are presently at Waltair and would return after 2/3 days. On the same day P.W.6, a co-villager saw a female dead body lying at Kandarabhatta Kendu-leaf godown in the nearby village Dudungdarha. He then informed other co-villagers and reported the matter in Khaparakhol Police Station. Pursuant to his report (Ext.6), Khaparakhol P.S. UD Case No.06 dtd. 25/8/2015 was registered and P.W.15, the then Sub- Inspector of Police took up the enquiry. He held inquest over the dead body which was already putrefied and sent it for post mortem examination to VSS Medical College and Hospital, Burla. The post mortem examination was conducted at 11.15 am on 26/8/2015. In course of enquiry P.W.15 getting information about missing of the deceased, contacted her father (P.W.1) and took him to Burla for identification of the dead body. On 27/8/2015, P.W.1 identified the dead body of the deceased and on the next day, i.e. on 28/8/2015 lodged the written report (Ext.1) in Khaparakhol Police Station alleging that his daughter has been kidnapped, raped and killed. He also suspected involvement of the present Appellant in the occurrence.