BALKU ORAM Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 3/5/2002 passed by the Additional District and Sessions Judge, Rourkela in Sessions Trial No.39/246 of 1998 convicting the present Appellant for the offence punishable under Ss. 302 read with 34 IPC and sentencing him to undergo rigorous imprisonment (RI) for life.

(2.) By the impugned judgment, apart from the present Appellant, the trial Court also convicted Udai Oram (Accused No.1), who had also filed the present appeal jointly with the present Appellant. However, the Court was informed at the hearing on 11/8/2022 that Udai Oram had expired in 2016 itself and, therefore, the appeal by him was dismissed as having abated leaving only the present Appellant-Balku Oram in the fray.

(3.) The case of the prosecution is that on 17/2/1998 at around 5 pm, the youngest daughter of Manobodha Naik of village Gundibali Luhakera, Police Station (P.S.) Sector-15, Rourkela in District Sundergarh died. The family members of Manobodha Naik claimed that she died on account of witchcraft practice by the deceased Puni Naik. The further case of the prosecution is that both the accused came to the house of Puni Naik, dragged her from her house and took her near the house of Manobodha Naik and there assaulted her severely by means of a lathi. This was witnessed by Sukra Naik (P.W.3), the daughter of Puni Naik. Sukra Naik was only 16 years old at that time. The case of the prosecution is that the accused also tried to assault P.W.3 but she managed to escape from the spot. Around 12 midnight or 1 am, the early hours of 18/2/1998, Puni Naik died. At 11 am that day, P.W.3 accompanied by her maternal uncle, Hrudananda Ganda went to the PS and gave the written complaint, which was registered as an FIR.