STATE Vs. KANHU CHARAN BARIK

JUDGEMENT

(1.) R .C. Patnaik, J Reference has been made under Section 366 of Criminal P. C. by the Court of Session, Puri, for confirmation of the sentence of death imposed by it on Kanhu Charan Barik upon his conviction under Section 302 of Penal Code. There is also an appeal by Kanhu against the conviction and the sentence passed by the Sessions Judge. Both the reference and the appeal have been heard analogously and are being disposed of by this judgment.

(2.) A tragedy descended upon the family of Laxmikanta Choudhury on 2 -2 -1981. Gouri, his wife and mother of Umakanta and Anita, was brutally killed between 11.30 a.m. and 1 p.m. that day.

(3.) SRI Choudhury was to go to Berhampur in connection with government work. So, he informed the members of his family on Feb. 1, 1981 that he would be leaving Bhubaneswar in the morning of the next day and returning from Berhampur the day after, i. e., Feb. 3, 1981. Kanhu also was present at that time and knew about the tour programme of his master. The Other inmates of the house besides Kanhu were Gouri, wife of Sri Choudhury, and Umakanta (Mitu) and Anita (Lipi), the children of Sri Choudhury. Umakanta was studying in the college and Anita in the St. Joseph's Convent. As usual, on Feb. 2. 1981, Lipi (P. W. 17) left for her school around 8 a.m. As per programme. Sri Choudhury (P. W. 25) left for Berhampur in his vehicle driven by his driver Gouranga Paramanik (P. W. 29). Around 9.45 a.m. Umakanta (P W. 14) left for his college.