SURESH JALLI @ GEDU SURIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of dated 8th March,1996 passed by the learned Addl. Sessions Judge, Khurda in S.T.Case No. 59/151 of 1995 convicting both the appellants for commission of offence under Section 302/34, IPC and sentencing them to undergo imprisonment for life.

(2.) THE prosecution case in brief is that a double murder had taken place within the jurisdiction of Jankia Police Station on the preceding night of 3rd November, 1993. Balabhadra Pradhan (P.W.15), an A.S.I. of Police in-charge of Nirakarpur Out-post left his out-post at about 8.00 A.M. for Jankia Police Station for some routine work. No sooner did he reach Khajuriapada, he saw a mob to have congregated on the canal embankment, where he took a pause and found that two unidentified dead bodies of age group of 25-30 years were lying in the paddy fields of Sudam Parida and Mumtaz Saha with multiple injuries on their body. Guarding the said dead bodies, he lodged a report (Ext.20) at the spot and sent the same to O.I.C., Jankia Police Station. By the time the written report (Ext.20) reached Jankia Police Station, Girija Prasad Das (P.W.16), the then Circle Inspector of Police, Khurda had already arrived at Jankia Police Station. So, he registered P.S.Case No. 239 dated 3.11.1993 under Section 302, IPC on the basis of which, P.W.15 treating the same as F.I.R., took up investigation of the case by himself from that moment. Arriving at the spot, barely 4 K.Ms. from the police station, within an hour, he conducted inquest over the unidentified dead bodies in presence of witnesses (P.Ws.1 and 2) and prepared two separate reports marked as Exts.11 and 12. At about 1 P.M. on the same day, he dispatched both the dead bodies to G.B.S. Hospital, Khurda for post-mortem under two separate dead body challans marked as Exts.13 and 14. Thereafter, through the Revenue Inspector of Nirakarpur, he got a spot map (Exts.6) prepared on the same day making a requisition therefor. At about 3 P.M. on the same day, he made seizure of two nos. of leather half shoes (black in colour) and one plastic chappal of the left leg (brown in colour). He also seized blood stained earth and sample earth from the spot under a seizure list marked Ext.4 in presence of P.Ws.3 & 7 and proceeded with the investigation. On 4.11.1993 at about 3 P.M. he seized one empty bottle of XXX rum smelling liquor, one plastic jerricane, two steel glass tumblers smelling liquor from the house under the possession of the accused at Nirakarpur given on rent by Parbasia Bhoi and prepared seizure list marked Ext.2 in the presence of witnesses. Thereafter, he apprehended both the appellants and arrested them on 8.11.1993 at 10 A.M. and submitted charge-sheet against both the appellants.

(3.) IN order to bring home the charge, the prosecution examined as many as 16 witnesses, out of which P.Ws.1 and 2 are the witnesses to inquest report, P.Ws.3 & 7 are witnesses to the seizure, P.W.4 is a resident of nearby village, who identified the accused, P.W.5 is the father of the deceased Paga @ Trinath Jena and P.W.6 is the father of the deceased, Chandramani, P.W.8 is an auto rickshaw driver, P.W.9 is a co-villager of P.Ws.5 & 6, who had seen the accused going from his village along with the deceased, P.W.10 is known to the accused persons, P.W.11 is stated to be close friends of the accused and a witness to the last seen, P.W.12 is the J.M.F.C., a witness to the T.I. parade held on 19.1.2000, P.W.13 is known to the accused persons since the distance between the village of the accused persons and his village is 13 kms., P.W.14 is the medical officer, who conducted autopsy, P.W.15 is the A.S.I. who has given written report and P.W.16 is the C.I. of Police, who conducted investigation. The prosecution has also relied upon certain documents marked as Exts.1 to 23 and seized the weapon of offence marked M.Os.I & II.