BIJU KANHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since all these 5 (five) numbers of Appeals, arise out of the judgment of conviction and order of sentence dtd. 29/11/2022 passed by the learned Sessions Judge, Boudh in Sessions Trial No.16 of 2018 arising out of C.T. Case No.89-B/2015 corresponding to Manamunda P.S. Case No.61 of 2015 of the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Kantamal; those having been heard together, are being disposed of by this common judgment.

(2.) On 26/4/2014 Amir Karna, (P.W.1) lodged a written report with the Inspector-in-Charge (I.I.C.) of Manamunda Police Station stating therein that this brother Harit Karna had left home in the afternoon of 20/4/2015 on a Passion Plus Motorcycle and did not turn up till 22/4/2015. So, he had lodged a missing report at the Police Station. While going ahead in their mission of tracing Harit out; on 26/4/2015 came to know from Biswanath Palia (P.W.6), Jiten Hati (P.W.3), Sudam Hati (P.W.2) and Sesha Hati that they with his brother Harit Karna, Suratha Naik, Srikanta Behera @ Gelthu and Suman had gone to village Lahurpada on 20/4/2015 to purchase goats for the marriage feast of Jiten Hati (P.W.3), scheduled to be held on 30/4/2015. While returning near village Seskapadar nala, it was around 10 p.m. accused persons, namely, Akrura Kanhar, Dasaratha Kanhar, Bighneswar Kanhar and others including Chittaranjan Kanhar, Udhaba Kanhar and Ratnkar Kanhar detained them. They were then armed with Thenga and Badi. They called other persons of nearby villages, such as, Barakuktuli, Chancher, Adisingh and Dudsingh. Hearing their call, some persons arrived their holding Thenga and Badi. They then assaulted Harit Karna and Suratha Naik brutally on their heads and other parts of body leading to their death at the spot. It was also ascertained that others who had accompanied Harit (deceased) and Suratha (deceased) fled away from the spot apprehending danger to their life. P.W.1 also came to learn that accused persons after causing the death of Harit and Suratha had burnt their dead bodies in the nearby jungle of their village.

(3.) Receiving the Final Form, learned J.M.F.C., Kantamal, took cognizance of said offences and after observing the formalities, committed the case to the Court of Sessions. That is how the trial commenced by framing the charge for the above mentioned offences against these accused persons.