DEVANANDA RANDHARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants by preferring this appeal have called in question to the Judgment of conviction and order of sentence passed on dtd. 4/12/1990 by the learned Addl. Sessions Judge, Jeypore in Sessions Case No.44 of 1990 arising out of I.C.C. No.14 of 87. For the above judgment of conviction passed on 4/12/1990 in Sessions Case No.44 of 1990, they (Appellants) have been sentenced to undergo R.I. for five years each for commission offence U/s 304 II of the IPC, 1860.

(2.) Prosecution Case The deceased (Kamal Lochan Naik) was the mediator of the marriage of one Chanchala, the daughter of Mongara Bhotra of village Miriguda with one accused namely, Manohar Naik. The marriage of Chanchala with Manohar Naik was solemnized on 25/2/1987 night at Pujariguda in the house of Ninima Naikani under the jurisdiction of Nowrangpur P.S. The accused persons being the relatives of Ninima Naikani had attended that marriage. After the solemnization of marriage, while Kamal Lochan Naik (deceased) was sitting with, Neelakantha Pujari, Tankadhar and Lakhi Singh, near the house of Ninima Naikani, the accused persons (Appellants along with others) called the deceased (Kamal Lochan Naik) and when the deceased did not agree to go, then the accused persons dragged him (deceased) forcibly to the house of Ninima Naikani and demanded dowry of Rs.5,000.00 as he (deceased) had negotiated the marriage between Chanchala and Manohar, to which, the deceased protested and did not agree for payment. So, all the accused persons (Appellants and their co-accused persons) caught hold the deceased and pressed his neck inside a room, in the house of Ninima Naikani after closing that room from inside and so also assaulted him (deceased). When the son of the deceased i.e. Lakshmidhar Naik along with others protested against the above illegal activities of the accused persons, then the accused persons drove them out from the spot. For which, Laxmidhar Naik came to his village and informed that matter to Rabisingh Naik, who is his maternal uncle. Thereafter, Rabi singh Nayak went to the house of Ninima Naikani and enquired about the deceased from Ninima Naikani, to which, she replied that, deceased had left her house immediately after marriage is over. So, the Rabi Singh Naik searched for the deceased here and there including asking about his whereabouts to the accused persons. Thereafter, he (Rabisingh Naik) found the dead body of the deceased inside a well near the house of Ninima Naikani. So, he (Rabising Naik) presented a report before the OIC, Nowrangpur Police Station about the same. Basing upon such report, the OIC, Nowrangpur P.S. registered Nowrangpur P.S. U.D. Case No.2 of 87 and enquired into that U.D. case. On completion of the enquiry to that U.D. Case, he (O.I.C.) submitted a report stating that, the death of the deceased Kamala Lochan Naik was due to his accidental fall into the well from the height of 20 Ft.

(3.) On being dissatisfied with the above enquiry report of Nowrangpur P.S. U.D. Case No.2 of 87, the informer (Rabisingh Naik) filed a complaint petition vide 1.C.C. No.14 of 87 being the complainant against total 7 numbers of accused persons including the Appellants of this Appeal i.e. Devananda Randhari and Manohar Naik, alleging commission of murder of the deceased Kamal Lochan Naik by them all.