MAKARA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants, by filing this Appeal from inside the Jail, have challenged the judgment of conviction and order of sentence dtd. 30/11/2015 passed by the learned Sessions Judge, Keonjhar in Sessions Trial Case No.223 of 2013, arising out of G.R Case No.304 of 2013, corresponding to Anandapur P.S. Case No.67 of 2013 of the Court of the learned Sub-Divisional Judicial Magistrate (SDJM), Anandapur. The Appellants (accused persons) thereunder have been convicted for committing the offence under Sec. 302/201/506/34 of Indian Penal Code, 1860 (in short, 'the IPC') and they have been sentenced to undergo imprisonment for life and pay fine of Rs.5000.00 (Rupees Five Thousand), in default to undergo Rigorous Imprisonment for six months each for the offence under Sec. 302/34 of the IPC. They are further sentence to undergo Rigorous Imprisonment for six (06) months each for the offence under Sec. 201/34 of the IPC and further sentenced to undergo rigorous imprisonment for three (03) years each for the offence under Sec. 506/34 of the IPC with stipulation that all the sentences to run concurrently.

(2.) Prosecution case:- One Sarat Chandra Sahu, an Assistant Sub Inspector of Police attached to Anandapur Police Station lodged a written report on 13/6/2013 with the Inspector-in-charge of Anandapur Police Station that in course of enquiry in connection with the Man Missing Report No.10/2013 at village Belda, he could ascertain from one Abhi Munda, a native of village Belda then staying at village Jaminipur that the missing boy namely Siba @ Bhagirathi Majhi was working as a shepherd under Pranakrushna Ghadei of village Belda for about a month prior to that time when Abhi was working in the house of one Purna of village Belda. It is stated that both Abhi and the deceased were going together with their cattle and sheep for grazing. On 30/5/2013, while both of them were grazing cattle and sheep near Salabani High School, some persons of Salabani Munda Sahi including these two accused persons namely Makar, Tukun arrived with Abhi and they asked for a sheep with an assurance to pay a sum of Rs.300.00 which they agreed and accordingly, the sheep was handed over to them on receipt of advance of Rs.40.00. He stated that those persons assured to pay the balance amount later. Subsequently when Abhi and Siba @ Bhagirathi demanded the payment of the rest amount, the two accused persons as above named and Abhi replied that they would pay the amount within 2 to 3 days. On 8/6/2013 at about 4 pm when Abhi and Siba @ Bhagirathi again asked for the money, all the three accused persons got enraged and called Abhi and the deceased from Salabani Bazar on the plea of giving the payment of the remaining dues. They took them near the Maa Dhanei Thakurani Sala, which is situated in the middle of some cultivable lands and committed the murder of Siba @ Bhagirathi by thrashing his head on a kuchilla tree. Then they threw the dead body to the nearby Amari Bushes and threatened Abhi to face dire consequences if he would disclose the fact to others. The above report being registered, the IIC (P.W.6) registered the case. The same was treated as FIR and after registration of the case, the investigation was taken up.

(3.) In course of investigation, the I.O (P.W.6) examined the informant and other witnesses. He seized the Station Diary Book of Anandapur P.S. which contained entry no.263 dtd.12/6/2013 along with Man Missing Register for the year 2012-13 in presence of the witnesses under seizure list (Ext.4). On 14/6/2013 at 9.45 a.m, the I.O (P.W.6) visited the spot, prepared the spot map (Ext.6). He seized one Amari Badi (stick) of size 105 feet along with the sample earth and suspected blood stained earth from the spot in presence of witnesses under seizure list vide Ext.7. He seized one while colour half shirt, one pair of plastic chappal and one half pant in presence of witnesses from the spot vide Ext.8. He then held inquest over the recovered skeleton of a human being of the deceased and prepared the report (Ext.9 to Ext.9/6) to that effect. Thereafter he arrested all the three accused persons and sent the dead body of the deceased to Sub Divisional Hospital, Anandapur for post mortem examination with a requisition to preserve the skull bone etc for DNA test. The I.O (P.W.6) seized the nail clippings, nail scrapings and blood samples of the accused persons in three separate seizure lists vide Exts.11, 12 and 13 respectively. He then seized the wearing apparels of the accused persons separately vide Ext.14, 15 and 16 respectively. The accused persons were forwarded in custody to Court. The seized incriminating articles were sent for chemical examination to SFSL, Rasulgarh, through Court. On completion of investigation, Final Form was submitted by the I.O (P.W.6) placing the accused persons to face the Trial for commission of offence under Sec. 302/201/506/34 of the IPC.