BUTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants have been convicted under Sections 302 and 201, I.P.C. both read with Section 34, I.P.C. and sentenced to undergo imprisonment for life for the offence under section 302/34, I.P.C. No separate sentence has been awarded for the offence under section 201/34, I.P.C.

(2.) PROSECUTION case was that on 25.6.1977 at about noon the deceased Saraswati Misra of village Fatabahel left for village Budelpalli for arranging straw and approached P.W. 5 Purusottam Bhoi for the purpose. When he refused to give straw, she went to the house of the appellants to realise rice from them which they were to pay towards the interest of a loan incurred by them some months prior to the occurrence. Since the deceased did not return to the house till evening, her son Krushnakanta (P.W. 11) sent P.W. 4 Srimati Matari and one Dusta to search for her. Those two persons informed Krushnakanta that they came to know from P.W. 5 Purusottam Bhoi that the deceased had gone to the house of the appellants and had returned to her house. On 26.6.1977, a meeting was held at village Budelpalli and the appellants were asked as to what happened to the deceased. They said that the deceased had left their house in the afternoon. On 27.6.1977 afternoon, another meeting was held by the villagers of Budelpalli and Fatabahal and the appellants are alleged to have confessed that they had killed the deceased in the afternoon of 25.6.1977 when she came to their house to demand payment of rice and there was altercation between them.

(3.) APPELLANTS 1 and 2 are brothers. Appellant No. 3 is the wife of appellant No. 2. Their plea was a total denial of the occurrence.