ROHIT NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of conviction and sentence under Section 302 of the Indian Penal Code, in short 'IPC', dated 23.12.1994 passed by the learned Sessions Judge, Dhenkanal -Angul, Dhenkanal, in Sessions Trial Case No. 90 of 1992 directing the appellant to undergo imprisonment for life has been assailed in this appeal.

(2.) THE fact leading to the filing of this appeal is as follows : The appellant who was the cousin brother of the deceased Rukuna Naik impressed on the latter that her mother was ailing and, therefore, he had come to take her with him. Believing the statement of the appellant, the deceased Rukuna had gone in the company of the appellant in his bicycle borrowed from Sikhar Behera (P.W. 1). It is stated that on the way towards Nuabaga, the dead body of the deceased Rukuna was lying which was witnessed by one Rabi Narayan Mishra and one Gandharb Biswal. They informed the village Gramarakhi, Sarat Naik (P.W. 2), who immediately after hearing such information rushed to the spot and noticed the headless , body of a female lying in Madhiapal jungle on the Nuabaga -Baghajharia Road. He proceeded to the police station, and lodged a written report vide Ext. 1, on the basis of which a case was initiated under Section 302/201, IPC. In course of investigation, it was found that the head was concealed in a paddy field near Madhiapal jungle. Inquest was conducted over the trunk of the body and also the head and both the body and head were sent for postmortem examination. It was further ascertained during investigation that the appellant was the assailant of the deceased Rukuni. Accordingly, charge -sheet was laid against him.

(3.) THE learned Sessions Judge has emphasized the following circumstances in order to bring home the guilt to the accused.