MANOJ BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This jail criminal appeal is directed against the judgment dated 07.07.2003 passed by the Sessions Judge, Sambalpur in S.T. Case No. 67 of 2002 convicting the appellant under Sections 363/302/201 of the Indian Penal Code (in short 'IPC') and sentencing him to undergo imprisonment for life for the offence under Section 302 IPC and one year each for the offence under Sections 363 and 201 IPC. The case of the prosecution, as per FIR (Ext. 1) lodged on 24.6.2001 by the father of the deceased (P.W. 2) is that on 23.6.2001 his daughter (Purnima) had gone to witness the car festival, in the Car Festival area, the accused was found taking Purnima with him. On being asked by Nabin Bhoi (P.W. 3) as to where he was taking the girl, he replied that he was taking to leave her in her house. When the girl did not return home up to 9.00 PM, they searched up to 2.00 AM in the night and during search, the accused was found returning to the village from the nearby village-Rangiatikira. Suspecting foul play the villagers detained the accused but towards the early morning he escaped and went away somewhere. When Purnima did not return home till morning, the informant lodged the report on the basis of which the case was initially registered under Sec. 363, IPC and investigation taken up. On 26.06.2001, the decomposed dead body of Purnima was discovered from a ditch situated near the village. On post mortem, some ante mortem injuries were found and the cause of death was opined as shock due to haemorrhage resulting from the cut injury on the neck. Thereafter, the case was turned to one under Secs. 302/201/363, IPC. After completion of the investigation, charge-sheet was submitted against the present appellant and he faced trial.

(2.) During trial the accused-appellant took the plea of complete denial and false implication. In order to prove its case, the prosecution examined as many as fourteen witnesses and exhibited 15 documents. The defence examined none.

(3.) On conclusion of the trial, learned trial Judge basing upon the evidence of P.Ws. 2, 3, 4, 6, 7 and 8 and other attending circumstances came to hold that the prosecution has been able to prove beyond all reasonable doubt that the appellant kidnapped the minor girl Purnima from the lawful guardianship of her father and committed her murder and concealed her dead body in order to cause disappearance of evidence with the intention of screening himself from legal punishment. Accordingly, he convicted the appellant under Secs. 363/302/201, IPC and sentenced him as already indicated hereinbefore.