TURUKU BUDHA KARKARIA Vs. STATE

JUDGEMENT

(1.) In this appeal from the district Jail, Koraput, Turuku Budha Karkaria (hereinafter described as the 'deceased' (accused?)) calls in question his conviction under Sections 302, 404 and 201 of the Indian Penal Code, 1860 (in short, the 'IPC') and sentence of imprisonment for life as awarded by learned Sessions Judge, Koraput, Jeypore for offence punishable under Section 302, IPC. No separate sentence for the offences punishable under Sections 404 and 201, IPC was imposed.

(2.) Stated in brief, the prosecution case is that one Culuma Naikani (hereinafter, described as the deceased') was a resident of village Bhatanagapadar. Sanurjaya Naik (P.W.15) is the husband while Bhima Naik (P.W. 7) is the son of the deceased. A weekly market is held on Mondays at Ambadola which is nearby village of the deceased. On 21-10-1985 which was a Monday, the deceased went to the market wearing some gold and silver ornaments, and carrying a basket and some cash. Her husband and son who were engaged in agricultural work did not accompany her, and she went alone. Since the deceased did not return for a long time, they searched for her in many places. While the search was continuing, accused met one Phulsara Suna (P.W. 1) at Purnapani road crossing, and told him that they were wasting time because the deceased had been murdered, and her dead body can be found in Akhapalanka jungle. Since evening was fast approaching, P.W. 1 returned to his house and informed two other villagers and sent information to the husband of the deceased. On the following day i.e. on a Sunday, several villagers of village Bhatangpadar, Reghubari assembled on the foot-path near Akhapalanka jungle and started searching for the deadbody. During search, P.W.15 and some others found the deadbody of the deceased inside bush. All the members of the searching party were called there. P.Ws. 7 and 15 noticed that the ornaments which the deceased was wearing when she left her home, were missing from her person. Since the accused was aware that the deceased had met her death, P.W. 1 went to accused's house which was near the spot of occurrence and requested him to disclose the identity of the real culprit. The accused mad an extra-judicial confession to have killed the deceased. immediately., P.W. 1 returned to the spot and informed about the extra-judicial confession of the accused to the others. A report was scribed and on the advice of some members of the searching party, one Kaladhar Suna was sent to Ambadola P.S. to lodge the F. I. R. There was already a missing report available in the police station in the shape of Station Diary Entry which had been made on the basis of information given by the husband of the deceased earlier. After getting information, a case was registered and investigation was undertaken. After arrest, the accused while in police custody gave discovery of some silver ornaments of the deceased. Further, on the basis of information given by him, it was detected that gold ornaments of the deceased had been sold to a Goldsmith C. Srearam Murty. (P. W.12). During investigation, it transpired that after concealing silver ornaments in the back side of his house, at about 2 p.m. accused had got the gold ornaments weighed in the shop of A. Tirupati Rao (P.W. 11). Thereafter, he went to the house of P.W. 12 with whom he had previous acquaintance and business dealings, and sold him the gold ornaments giving out that his wife was seriously ill and he needed money to meet the costly medical treatment. Test Identification Parade in respect of gold ornaments was held in the Court of Judicial Magistrate First Class, Nissam-Cuttack and P.Ws. 7 and 15 identified the ornaments to be of the deceased. After completion of investigation, chargesheet was submitted and the accused faced trial.

(3.) Plea of accused was complete denial of the accusations. On the contrary, his plea was that he has been falsely implicated at the instance of P.W. 1, and all the witnesses were inimical to him. Though a prayer was made to summon solve defence witnesses, the accused declined to examine them after their attendance was procured by Court.