HARIHAR DEHURY AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 10th February, 2004 passed by the learned Addl. Sessions Judge, Deogarh in S.T. Case No. 136/11 of 2002 convicting both the appellants for commission of offence under sections 302. 109/34, I.P.C. and sentencing them to undergo imprisonment for life, while directing for setting off of the period undergone as under trial prisoner under section 428, Cr. P.C.

(2.) The prosecution case, in nutshell, is that on 15.11.2001 at about 6 p.m., P.W. 6, the A.S.I. of Khairpali Outpost received the F.I.R. Ext. 1 from Hrihar Nayak (P.W. 1), Gramnarakhi of village plasma to the effect that both the accused- appellants committed the murders of deceased Iswar Garnayak, Mitrabhanu Garnayak and Phula Garnayak on the Plasma High School road inflicting tangia blows, on the basis of which station diary No. 340 dated 15.11.2001 was made and F.I.R. (Ext. 1) was sent to Kundheigola P.S. for formal registration and thereafter investigation was continued. At 8.00 p.m., the O.I.C., Kundheigola P.S. (P.W. 10) arrived at the spot and took charge of investigation. Since it was night he made arrangement to guard the dead bodies at the spot, visited the spot and examined few witnesses. On the next day morning, i.e., on 16.1 1.2001 he conducted inquest over the dead bodies vide reports Exts. 2/1, 3/1 and 4/ 1, seized blood tainted and sample earth from the spot vide Exts. 5, 6 and 7, seized one Atlas Cycle and one and half litre containing plastic Jerry-can from the spot where the dead body of Mitrabhanu was lying vide seizure list Ext. 8, dispatched the dead bodies to Chhendipada C.H.C. for post-mortem examination vide Challans Exts. 22, 23 and 23 and command certificate Ext. 25, prepared the sketch map, Ext. 26, examined few more witnesses and arrested the accused persons. Thereafter, on the confession and leading to discovery of accused Kasinath and Harihar, he seized two axes which were the weapons of offence vide seizure list Exts. 12 and 13, obtained report Ext. 27 from the R.I. Budhapal about the spot. seized the blood stained banyan of accused Harihar and blood stained lungi of accused Kasinath vide Exts. 9 and 10, received post-mortem examination reports, Exts. 16, 17 and 18 and then seized the wearing apparels of the deceased persons vide Ext. 14 sent the seized weapons to Medical Officer, Chhendipada C.H.C. for examination and received re- port vide Ext. 19 and also received the post-mortem examination reports. Thereafter, the A.S.I. P.K. Mohanty (P.W.6) took charge of the investiga- tion who seized one R.O.R. in the name of Maheswar Dehury vide seizure list Ext. 15. Subsequently, the S.I. B.K. Parida (P.W. 8) took charge of the investigation, who examined few more witnesses, sent the weapons of offence as well as the wearing apparels of the deceased persons and that of accused Harihar and Kasinath and the blood stained and sample earth of F.S.L., Rasulgarh for chemical examination through Court and on completion of investigation filed charge-sheet against the accused persons. The chemical examination reports, Exts. 20 and 21 were directly received in Court.

(3.) The defence took the plea of denial and not guilty of the charges and claimed false implication. In the statement under section 313, Cr. P.C., both the appellants have specifically pleaded that on the alleged date and time of occurrence, they were under police interrogation at Khoirapali O.P. in connection with Kundheigola P.S. Case No. 75 dated 14.11.2001.