STATE OF ORISSA Vs. SUKA PALEI

JUDGEMENT

(1.) The appellant Suka Palei was convicted for the offence under Section 302, IPC for committing murder of three persons of a family. He was condemned to suffer the sentence of death. DSREF No. 2 of 2012 at the instance of the State is for confirmation of death sentence and Jail Criminal Appeal No. 13 of 2012 at the instance of the condemned accused Suka Palei is directed against the judgment and order of sentence dated 3-3-2012 passed by learned Sessions Judge, Keonjhar in Sessions Trial No. 81 of 2010.

(2.) The occurrence happened on 10-12-2009. Appellant Suka Palei committed murder of Fulamani Deheury, her son Ramesh Dehury and her husband Sapana Dehury, suspecting Sapana Dehury, to have practised witchcraft on his (Suka Palei's) son. At about 4.00 a.m. on 10-12-2009 Sapana Dehury (deceased), Abhimanyu Dhamulia (P.W. 1 informant), Bhagya Naik, Chhalu Dhamulia (P.W. 5) and Sankhali Dhamudia left the village for Mushaghara Mines in the district of Sundargarh for their engagement there as labourer as a means of their livelihood. Nabati Dehury (P.W. 3), who happens to be one of the daughters of deceased Sapana Dehury had also gone to Mushaghara Mines for labour work. At about 10.00 a.m. appellant Suka Palei, who is their co-villager came to the aforesaid persons. He requested them to accompany him for cremation of the dead body of his son Guru, saying that Guru has died. On his request all the aforesaid persons started returning to their village through the Ghat road on foot, as that was the regular road, they used to take for commuting their village to and fro from Mushaghara Mines. On the way at Mandatangar all of them took rest. At that place, accused Suka Palei asked deceased Sapana Dehury to take some Dukta (dry tobacco leaf powder). Appellant Suka Palei asked others to proceed ahead saying that he and Sapana Dehury shall follow them after taking Dukta. When others had proceeded a little distance, they heard shouting of Sapana Dehury "Marigali, Marigali". They rushed back and found that Sapana Dehury was lying on the foot path and appellant Suka Palei had raised a stone and was telling that Sapana had practised witchcraft on his son and for that reason he will murder him. So saying he (Suka Palei) thrashed the stone on the head of Sapana Dehury (deceased). Abhimanyu Dhamulia (P.W. 1) and others shouted at Suka Palei to refrain from his act, but could not reach near him at once as it was a Ghat road. After assaulting the deceased, appellant Suka Palei ran into the jungle. Coming near Sapana, Abhimanyu (P.W. 1) and others found him to be dead. They came back to the village to report about the incident to others. Coming to the village, they found that many persons had gathered in the courtyard of one Chemutu Dhamudia and sound of crying was coming from the house of the aforesaid Chemutu Dhamudia. Rushing to that place, they found to their surprise that Sapana Dehury's wife Fulamani Dehury was lying dead in the courtyard of Chemutu Dhamudia and near her dead body her ten years old son was lying unconscious and was about to die. Puni Dehury (P.W. 2) another daughter of Sapana Dehury and Fulamani was present there. From her, Abhimanyu Dhamulia (P.W. 1) came to know that appellant Suka Palet fled away after assaulting her mother Fulamani Dehury and brother Ramesh. She further reported before P.W. 1 that appellant Suka Palei assaulted her mother by an axe and crushed the head of her brother by a stone. Some of the villagers took Ramesh to the hospital and Abhimanyu Dhamulia (P.W. 1) came to Nayakote Police Station to lodge the report. On the basis of the report lodged by Abhimanyu Dhamulia (P.W. 1), investigation was taken up by the I.O. (P.W. 10). On completion of investigation, he filed charge-sheet implicating the appellant Suka Palei implicating him in offence under Section 302, IPC.

(3.) Prosecution has examined ten witnesses to prove the charge. P.W. 2 is a witness to assault on her mother Fulamani and Ramesh. P.Ws. 1, 4 and 5 are witnesses to the occurrence relating to assault on deceased Sapana Dehury. P.W. 3-Nabati Dehury, another daughter of deceased Sapana Dehury is a post occurrence witness. P.W. 9-Hengara Munda is a witness to seizure of the weapon of offence, i.e. axe (M.O.I) with which Fulamani was assaulted and the stone (M.O.II) with which Sapana Dehury was assaulted. P.W. 6 is the Medical Officer, who conducted P.M. Examination on the dead body of Fulamani. P.W. 7 is the Medical Officer, who conducted P.M. Examination on the dead body of Sapana Dehury. P.W. 8 is the Medical Officer, who conducted P.M. Examination on the dead body of Ramesh Dehury. P.W. 10 is the Investigating Officer.