DUSASHAN BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal at the instance of one of the convicts involves a challenge to the judgment and order of conviction passed by the learned Sessions Judge, Phulbani in Sessions Trial No. 1 of 2001 thereby convicting the accused person i.e. the Appellant herein along with the other accused and sentencing both of them to undergo imprisonment for life.

(2.) Prosecution story as revealed from the case record is as follows:- Deceased, Uchhaba Majhi and his brothers Udhaba Majhi, P.W.8 and Purna Chandra Majhi, P.W.4 were residing separately in mess and properties. The servant of the deceased, Uchhaba Majhi prior to the incident involved herein kidnapped a girl, namely Moti, who appears to be the daughter of the sister of the deceased, Uchhaba Majhi. Deceased, Uchhaba Majhi lodged an F.I.R. against the Offender. In the investigation, accused Senapati Mahakud was arrested and detained in the jail custody. As the case story further reveals, deceased Uchhaba Majhi was also a witness against the accused, Senapati Mahakud in a criminal case started against the accused for unlawful possession of arms. One and half months prior to the occurrence, accused, Senapati Mahakud after coming out of jail threatened the deceased, Uchhaba Majhi to kill him. On 9/10/2/2000 night, some unknown persons committed theft from the house of the deceased and killed the deceased, Uchhaba Majhi as well as his wife, Maharani Majhi and threw away both the dead bodies in river Rahul. In the morning of 10/2/2000, the wife of Purna Chandra Majhi and wife of Udhaba Majhi (P.W.8) while taking bath in the same river found the dead body of Maharani Majhi at the bathing Ghat. Both of them found a rope tied around the neck of the deceased, Maharani Majhi and the other end of the rope has been found to be tied against the tree. Both of them also found some injuries on the neck and back of the deceased, Maharani Majhi. Further, they also found an Axe lying near the spot. Both of them informed this matter to P.Ws.4 & 8, i.e., their husbands. P.W.8 rushed to the spot and identified the dead body to be that of Maharani Majhi and also noticed some incised, wounds on back and neck of the deceased. On his returning back to the house of Uchhaba Majhi, he found, Uchhaba Majhi is absent in his home but found the house open and the articles in the house were lying here and there. Noticing this, he immediately rushed to Tumudibandha Police Station and in consultation with the Sarpanch of the Village (P.W.2) he lodged a written report. The O.I.C., Tumudibandha P.S. registered a case and took up investigation.

(3.) During investigation, the O.I.C examined the Informant, proceeded to the spot and examined further witnesses. Since it was night, the O.I.C engaged a Constable to keep watch on the dead body. The O.I.C also noticing the dead body of Uchhaba Majhi floating in the river rescued the dead body on the next date. Inquest was made and the dead body was sent to Madanpur Rampur Hospital for post-mortem. Accused persons were searched, but Senapati Mahakud could not be apprehended. Later on the S.D.P.O, Balliguda took up the investigation from the O.I.C. During the investigation he re-examined the witnesses and arrested the accused, Senapati Mahakud, who confessed to have killed both the deceased persons and gave recovery of the crow-bar and other articles. For further revelation in the investigation process, the S.D.P.O also implicated the other accused, Dusashan Bag, who is alleged to have assisted Senapati Mahakud in killing the deceased. In the process the other accused persons were also arrested. On completion of the investigation, the S.D.P.O. submitted the charge-sheet resulting in trial.