BAICHANDRA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 30.06.2001 passed by the learned Additional Sessions Judge, Titilagarh in Sessions Case No. 80 (B)/31 of 1999 convicting the appellant under Sections 302/201, IPC and sentencing him to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for one year for the offence under Section 201, IPC, which are to run concurrently.

(2.) THE prosecution case in brief is that deceased Jatansingh Majhi, informant Khirasindhu Majhi, appellant Baichandra Majhi and two other acquitted accused persons are cousins. P.W.5 Dasmati Majhi is the wife of the deceased. On the night of 10.05.1999, the deceased as usual went to sleep in his hutment, which he had raised in his paddy land for guarding crops. On the next day morning as the deceased did not return, his wife (P.W.5) and the informant Khirasindhu (P.W.2) went to the hutment, but to their surprise they did not find the cot and the deceased there. On 11.05.99, P.W.5, the wife of the deceased went to Bangomunda police station to lodge a missing report but police told her to search for him. On 13.05.1999 at about 5 P.M., P.W.5 and the informant (P.W.2) found a dead body tied with a cot lying inside the well of one Krupa Putel. With the help of a 'Bilai' they lifted the cot and found inside the well that the dead body tied with it was of the deceased. Then, P.W.2 went to Bangomunda police station and lodged F.I.R. (Ext.2), on receipt of which a case was registered and investigation taken up. During investigation A.S.I. Laxmidhar Patel visited the spot, brought out the dead body being tied with a cot from the well, conducted inquest over it and prepared inquest report. He seized the rope, cot and a big stone which was tied with the cot and sent the dead body for postmortem examination. On 20.05.1999, the C.I., Bangomunda took charge of the investigation. He arrested the appellant along with two other accused persons. While in police custody the appellant disclosed his involvement in the incident with other two accused persons and gave recovery of a bamboo lathi used as weapon of offence. On completion of investigation police submitted charge -sheet against the appellant and two other acquitted accused persons under Sections 302/201/34 I.P.C.

(3.) THE plea of the appellant is one of complete denial of the allegation.