PAULA NAYAK Vs. STATE

JUDGEMENT

(1.) THE appellant Paula Naik was convicted and sentenced to imprisonment for life on a charge of murder of a woman named Pusha Stree, also known as brahmabati, at Bandaki Parbat on the footpath running through the forest. He was convicted for robbery of gold ear-rings and silver bangles from the person of the deceased and sentenced to rigorous imprisonment for seven years to run concurrently. There was another co-accused who was charged with the offence of dishonestly receiving stolen property but acquitted by the trial Court.

(2.) HOW the crime came to light was this: On a Sunday morning on October 15, 1961, two village pedestrians Radhanath Naik and Daulo Singh Naik were returning home after weekly marketing at G. Udayagiri Hat on the previous day (Saturday ). They were passing through a forest. Daulo Singh Naik was lame and could not walk fast. He was lagging behind and following Radhanath. Radhanath who was going ahead first saw a dead body of a woman lying on the foot-path with bleeding injuries on her person. He also saw that the appellant was snatching gold ear-rings from the ears of the dead body. The appellant was wearing a blood stained napkin and the various parts of his body were stained with blood. A blood stained axe was lying near the appellant while he was snatching away the ornaments. The appellant threatened to assault Radhanath with tangia. Radhanath out of fear did not protest and left the place without uttering any word. Daulo singh who was following Radhanath also appeared on the scene, saw the dead body with cut injuries and found the appellant wearing a blood stained napkin with blood stains over various parts of his body and standing near the dead body with a blood stained axe in his right hand and two silver bangles in his left hand. The appellant also threatened to assault Daulo Singh with the tangia. The two pedestrians left the place of occurrence and narrated what they had seen to the villagers.

(3.) ON the same day (October 15, 1961) in the-after-noon a station diary entry reporting the incident was made at the local P. S. at Raikia, four miles from the place of occurrence. The formal First Information Report was made on the following: day on October 16, 1961 at 10. 30. a. m. in the morning and the appellant was arrested. On the information received from the appellant while in the custody of police, the gold ear-rings, silver bangles, tangia and blood-stained napkin were seized by the policed On October 18, 1961 the appellant was produced before the Magistrate and remanded' to jail custody. On October 25, 1961, the appellant was again produced before the Magistrate and remanded to jail custody. On October 25, 1961, the appellant made a confessional statement before the Magistrate. The appellant was charged with the offence of murder and robbery. The co-accused, who was acquitted, was charged with the offence of dishonestly receiving stolen property.