BADA MAHALI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and the order of sentence dtd. 27/4/2017 passed by the learned Additional Sessions Judge, Rairangpur, Mayurbhanj in Sessions Trial No.52 of 2015 arising out of G.R. Case No.399 of 2015 corresponding to Badampahad P.S. Case No.39 of 2015 of the Court of learned Sub Divisional Judicial Magistrate (SDJM), Rairangpur.

(2.) Prosecution case is that Arjun Chatar of village Bhandan (Godasahi) under Badampahad Police Station in the district of Mayurbhanaj was known in the village as a witch doctor (Gunia-performing jhada phunka). The son of the accused was ailing for sometime and was being treated in that way that such treatment by the witch doctor could give the relief. On 13/9/2015 night around 9 pm, the accused and his wife came to the house of Delga Chattar(P.W.3), their son had by then was undergoing treatment by a witch doctor for about 15 days. The accused and his wife arriving in the house of Delga Chatar (P.W.3) requested Arjun to accompany then to their house to treat their son. Arjun accepting the request went with the accused and his wife. But Arjun did not return during the night. On the next morning Delga (P.W.3) who happens to be the younger brother of Arjun with others searched for him. It was around 1 pm, the dead body of Arjun was found lying by the side by a straw heap near his threshing floor. It was then detected that Arjun had sustained bleeding injuries on his neck. It is alleged that Arjun (deceased) and the wide of the accused were having extra variety relationship. Therefore it was suspected that the accused bearing grudge and finding the opportunity might have caused his death.

(3.) In course of investigation, the Investigating Officer (I.O- P.W.13) examined the informant (P.W.3) and other witnesses. Proceeding to the village conducted inquest over the dead body of the deceased in presence of witnesses and prepared the report to that effect i.e. Ext.1/2. He then sent the deceased for post mortem examination by issuing necessary requisition. The accused was arrested on 15/9/2015. It is said that the accused while in the custody of the I.O (P.W.13) stated that he would give recovery of a knife from the place where he had kept it and thereafter the statement (Ext.3/2) of the accused was recorded by the I.O (P.W.13). It is further stated that the accused then having led the I.O (P.W.13) and others to his house gave recovery of the knife which was seized under seizure list (Ext.4/2). The wearing apparels of the deceased and accused were seized with other incriminating articles which were then sent for chemical examination at the behest of the I.O (P.W.13).