STATE Vs. KAMPALA KHAMARI

JUDGEMENT

(1.) THE Death Reference and the Jail Criminal Appeal are directed against the judgment passed by the Addl. Sessions Judge, Sonepur in Sessions Case No. 102/1 of 2000/2001 dated 25.1.2001 convicting the accused appellants under Section 302 read with Section 34, Indian Penal Code (in short 'IPC') and sentencing them to be hanged by neck till their death for having brutally killed deceased Prafulla and Pramod.

(2.) THE prosecution story as unravelled during trial is as follows : On 27.6.2000 morning at about 8.00 A.M. while deceased Pramod Khamara, husband of P.W.I Jayanti Kumari had been to his field, Jayanti Kumari was cleaning the cow shed, the appellant Bhagaban came slily, entered into the cow shed and exhibited lewd gesture to P.W. 1. By such indecent behaviour, P.W. 1 Jayanti got infuriated and retorted by saying that appellant Bhagaban could have exhibited such type of behaviour to his own sister. At. this juncture when deceased Pramod. husband of P.W.1 came and enquired about the incident, P.W. 1 narrated the background of such misbehaviour shown by appellant Bhagaban. Deceased Pramod went to accused Bhagaban and questioned about such unsavoury behaviour to which he got agitated and assaulted the deceased Pramod. After being badly injured deceased Pramod went to Keutapali village along with P.W. 1 to narrate their woes to Prafulla, the other brother of Pramod. After some time Pramod, Prafulla and P.W. 1 Jayanti returned towards their village. Initially they were wavering as to whether they would proceed to police station or to their residence, but they made up their mind to come to their residence whereafter they would go to the police station to lodge a report. On the way they found both the accused appellants being armed with Tangias (axes) standing in front of their house. The assailants attacked both the victims, namely, Prafulla and Pramod in such a dastardly, grisly and horrendous manner that they separated their trunk from their heads. They inflicted successive blows on deceased Pramod and Prafulla and nobody could dare to rescue them. P.W.3, the father of the victims proceeded to the police station and reported the matter and immediately thereafter the police swung into action, arrested the appellants, recorded the statements of the witnesses, held inquest over the dead bodies and sent the dead bodies with the severed heads for post mortem examination. The police seized the weapons of assault and after completion of investigation placed the charge sheet against the appellants under Sections 302, 323/34, I.P.C.

(3.) PROSECUTION in order to unfold its story had examined 17 witnesses of whom the evidence of P.Ws. 1, 3 and 4 are significant as they claimed to be eye witnesses to the occurrence. P.W. 2 had claimed that on the date of incident the deceased Prafulla was working as a field servant, P.W. 5 was cited as a witness to the recovery of Tangias with which the appellants are said to have killed the deceased. P.W. 6 was a post occurrence witness, who narrated that while he was constructing a tank (reservoir) he heard hulla and people were shouting that both the accused persons killed Pramod and Prafulla. P.W. 7 was the scribe of the F.I.R. (Ext. 1) which he reduced to writing on being instructed by P.W.3 Sukru Khamari. His evidence further certified that on 4.7.2001 the appellant Bhagaban while in police custody recovered a Tangia which he concealed in a heap of straw and produced before the police and it was seized in his presence, vide Ext 9. P.W. 8 was the Medical Officer, who examined Jayanti Khamari, wife of deceased Pramod Khamari and prepared the injury report. P.W. 9 was a witness to the inquest. P.W. 10 was the doctor, who conducted post mortem examination over the dead body of deceased Prafulla Khamari. P.Ws. 14 and 15 were Investigating Officers. P.W. 16 was the Medical Officer, who conducted post mortem examination over the dead body of deceased Pramod Khamari. P.W. 17 as the Officer in charge of Birmaharajpur police station who received charge of investigation from the A.S.I. of Subalaya Outpost.