CHALAI ALIAS HEMANTA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two appeals arise out of the same order passed by the learned Sessions Judge. Mayurbhanj, Baripada in S.I. Case No. 33 of 1994 whereby both the Appellants have been convicted under Sections 302 and 366 IPC and sentenced to undergo imprisonment for life and rigorous imprisonment for five years respectively; the sentences to run concurrently. They were heard together and are disposed of by this common judgment.

(2.) THE skeletal picture of the prosecution story as narrated in the trial Court's judgment is as follows:

(3.) P .W.2 also corroborated the evidence of P.W.1 and claimed to have narrated the incident to him. P.W.3 has stated that both deceased Sambari and Bast (P.W.2) were found talking with the Appellants. P.W.4 is the father of P.W.2. He was deposed to have learnt from her daughter about the incident. P.W.5 is a co -villager of P.W.1 and from his evidence it appears that he had accompanied P.W.1 to the police station. P.W.6 also deposed in the same light. P.W.7 is the Medical Officer who had conducted autopsy on the dead body of Sambari and opined that the death was due to asphyxia on account of strangulation. It is also noticed that she was ravished prior to her death. P.W.8 is the Medical Officer who had examined P.W.2. P.W.10 is a witness to the seizure of the garments of the deceased. P.W.13 is the O.I.C. Bisoi P.S. P.W.14 is the I.O of this case who investigated into the case and after seizure he sent the materials to the Chemical Analyst through the S.D.J M. Rairangpur The report has been enclosed to this case which suggests that the deceased was sexually assaulted prior to her death.