RASIKA GAGARAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail is directedagainst judgment and order dated 31.1.2003 passed by the learned Additional Sessions Judge,Fast Track Court No.II,Cuttack in Sessions Trial No.636 of 2000 by which the appellants have been convicted and sentenced to undergo imprisonment for life under section 302 read with 34 of the I.P.C. for having committed murder of deceased Nandia Gaipai.

(2.) INFORMANT P.W.3 is deceased's wife. Prosecution case in brief is that in the morning on Saturday preceding the occurrence the deceased went to village Dududhua along with appellants Rasika and Purna assuring P.W.3 that he would return on the following day after doing some shopping at Bisinahakanihat. On Sunday appellant Recond @ Rekanda along with co -villagers Bhima Das, Dhanu Das and Nandu Tiri went to Bisinahakanihat . All of them except the deceased returned back by the night of Sunday. On being asked by P.W.3 appellant Rasika gave her a blood stained Kula and expressed his ignorance regarding whereabouts of the deceased. On Monday i.e. 27.12.1999 dead body of the deceased was recovered at Jagatpur Industrial Estate. On the basis of verbal report of P.W.3, P.W.7, Officer -In -Charge of Jagatpur Police Station prepared First Information Report Ext.3, registered the case and took up investigation. It is alleged that in course of investigation blood stained knife M.O.VIII was recovered and seized at the instance of appellant Rasika. On completion of investigation, charge -sheet was submitted against the appellants.

(3.) APPELLANTS took the plea of denial. In order to substantiate the charge, prosecution examined eight witnesses. Informant P.W.3, P.W.4 and P.W.6 were examined to prove that the deceased was last seen in the company of the appellants. P.W.8 deposed regarding circumstance of seizure of knife M.O.VIII at the instance of the appellants. P.W.2 was examined to depose regarding extrajudicial confession. However, he was declared to be a hostile witness. P.W.1, the Scientific Officer, visited the spot where dead body of the deceased was found. P.W.5 is a doctor who conducted post mortem examination over the dead body of the deceased. P.W.7 was the Investigating Officer. Prosecution also relied upon documents marked Exts. 1 to 16 and material object M.O.I to M.O.XIII. No defence evidence was adduced.