NADA PENTHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dated 21.12.2001 passed by learned Addl. Sessions Judge, Angul in Sessions Trial No.111-A of 1997 / 64 of 1997, convicting the appellants under Sections 302/201, I.P.C. and sentencing each of them to suffer imprisonment for life thereunder.

(2.) The occurrence happened on 05.06.1997 on the day of "Savitri Amavasya" at village Kathapal under Chhendipada P.S. in the district of Angul. Two innocent children namely Bapi and Muni are alleged to have suffered death in the hands of the present appellants. Informant Basant Kumar Panigrahi (P.W.3) is the paternal uncle of the deceased children. The prosecution case, as found from record, is that on the date of occurrence the bodies of deceased Bapi and Muni were recovered from a well situated at a distance of about 150 meters from their house. The Medical Officer of the Additional Primary Health Centre, Bagedia declared them brought dead. In the afternoon before dusk, the deceased children were found watching the appellants catching squirrels. One of the appellants namely Birabar Nayak (appellant no.6) being known to the informant (P.W.3), he (informant) did not object the children to be present near the appellants. When the children did not return home, the family members searched for them. Mother of the informant (P.W.3) asked the appellants regarding the whereabouts of the children in course of such search, and the appellants gave out that the children had already returned home since long. When the children were not found, their family members asked the appellants to search for them in the nearby well suspecting that they might have fallen into the well. None of the appellants however agreed to search for the children inside the well. One Panchanan Majhi (P.W.15) ultimately entered into the well and brought out the bodies of the deceased children. Some injuries on the bodies of both the children were found. The well was full with 10 feets' deep water. The bodies of the children were immediately rushed to Bagedia A.P.H.C., where the Medical Officer declared them brought dead. On the basis of the information lodged by P.W.3, investigation was taken up by the Police and on completion of investigation, the I.O. (P.W.19) submitted charge-sheet against all the appellants implicating them in the offence punishable under Sections 302/201/34, I.P.C.

(3.) Altogether 19 witnesses were examined by the prosecution to prove the charge, out of whom P.Ws.3 to 5, P.Ws.9, 12 and 13 are the witnesses, who have testified about the fact that the deceased children had gone with the appellants while they (appellants) were hunting squirrels and further they are asserted to have proved the fact that the appellants were found near the well wherefrom the dead bodies of the deceased children were recovered. The aforesaid witnesses have further testified that when the appellants were questioned regarding the whereabouts of the missing children, they told that they have already gone to their house and the appellants also refused to search for the children by entering into the well. P.Ws.7 and 8 are the witnesses to the confessional statement of appellant Nada Penthoi and recovery of a knife (M.O.-I) at his instance. P.W.14 is a witness, who has testified the fact that he saw the children going near the appellants and sometimes thereafter he (P.W.14) heard about missing of the children. P.W.15 is the person, who entered inside the well to bring out the deceased children. P.W.17 is the witness to the seizure of Lungi (M.O.-II) of appellant Nada Penthoi, which was found to be stained with blood. P.W.11 is the Medical Officer, who conducted post-mortem over the dead bodies of the deceased children and P.W.19 is the I.O. Defence has examined none on its behalf, though the defence plea is one of complete denial.