SHYAMA BISOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The JCRLA as well as the CRLA are directed against the judgment dated 16.11.2005 passed by learnedSessions Judge, Koraput at Jeypore in Criminal Trial No.273 of 2004 convicting the appellant Shyama Bisoi in JCRLA under Section 302 of the Indian Penal Code (for short 'the I.P.C.') and both the appellants under Sections 201 read with 34 of the I.P.C. Appellant in JCRLA has been sentenced to undergo imprisonment for life under Section 302 of the I.P.C. whereas both the appellants have been sentenced to undergo R.I. for three years and to pay a fine of Rs.2,000/-, in default to undergo further R.I. for six months, each under Section 201 read with 34 of the I.P.C.

(2.) Allegations in the case relate to commission of murder of deceased Raghunath Harijan, a boy aged about eight years, on 23.1.204. Informant P.W.6 is deceased's father. P.W.9 is P.W.6's brother. P.W.2 is P.W.6's mother-in-law.

(3.) Prosecution case is that on 23.1.2004 in the morning deceased went to the house of P.W.2 whereas his father P.W.6 went to cultivate his land. On his return home in the noon, P.W.6 found that the deceased had not returned home. He went to the house of P.W.2 and on enquiry could learn that deceased was plucking Barakoli till 8.00 A.M. and that nobody was aware of his whereabouts after that. P.W.6 along with co villagers searched for the deceased in the village but could not find him on that day. However, on search in the morning on 24.1.2004, it was found that the deceased had been murdered and kept inside a bush with some stones on his dead body near Balia dangar. On the basis of written report lodged by P.W.6 at Sadar Police Station,Jeypore, P.W.5 the Officer -In-Charge registered the case and took up investigation. In course of investigation, it was ascertained that the deceased was last seen in the company of appellant Shyama Bisoi. It is also alleged that on being apprehended by villagers, appellant Shyama Bisoi made extra judicial confession implicating himself with the commission of murder of the deceased and also implicating appellant Deba Harijan in CRLA to have taken the gold earring of the deceased from him. On completion of investigation, charge-sheet under Sections 302/201/34 of the I.P.C. against both the appellants was filed.