LAWS(ORI)-2022-9-1

ASHIS KERKETTA Vs. STATE OF ODISHA

Decided On September 05, 2022
Ashis Kerketta Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This appeal is directed against the Judgment dtd. 18/8/2015, passed by the learned Additional Sessions Judge, Sundargarh in S.T. Case No.216/73 of 2013, convicting the Appellants for the offence punishable under Ss. 450/302 read with Sec. 34 of IPC and sentencing each of them to undergo imprisonment for life and to pay a fine of Rs.10,000.00and in default to undergo Rigorous Imprisonment (RI) for two years for the offence punishable under Sec. 302/34 of IPC and RI for five years and to pay a fine of Rs.5,000.00 for the offence punishable under Sec. 450/34 of IPC and in default to undergo RI for one year for the offence punishable under Sec. 450/34 IPC. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution is that PW-11, namely, Bijay Kumar Tirkey was present in his official quarters on 29/6/2013 in the Town P.S. Sundargarh, when he received a telephonic message from Subardani Lakra (PW-2), the then Naib Sarapanch of Deogaon Panchayat that his uncle Nemahansh Kerketta and aunt Nemahanti had been brutally murdered.

(3.) Immediately, PW-11 accompanied by his father proceeded to the spot by 7.30 am. He found the dead body of the deceased Nemahansh lying on a cot with bleeding injuries on his neck, shoulder and left hand with two of the fingers having been chopped off. The dead body of the deceased Nemahanti was lying under the wooden bed in a pool of blood with injuries all over her person.