SUMANTA RANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and the order of sentence dtd. 24/1/2022 passed by the learned Sessions Judge, Sonepur in S.C No.57-33 of 2011-2013, arising out of G.R. Case No.191 of 2011, corresponding to Tarava P.S. Case No.55 of 2011 of the Court of learned Sub-Divisional Judicial Magistrate (SDJM), Sonepur.

(2.) Prosecution case is that on 11/7/2011, Satyaban Podh (P.W.15) heard the news of missing son of his son Kalakanhu@Kanhu from his house. So he immediately lodged a missing report at Kamsara Police Outpost under Tarava Police Station. The said fact was entered in the Station Diary Book of the Police Out Post and all got engaged in search of Kanhu. When none was getting any clue, after three days, one Dharma Nag (P.W.8) came and informed that something being kept in a sack had been buried on the south-eastern side of the land of one Dhruba Rana. Then matter was informed to the police. That buried sack was recovered and the dead body was identified to be that of Kanhu. Since it was learnt that the deceased was last seen in the company of this accused, suspicion as to the involvement of this accused came up in mind. The investigation accordingly progressed. The dead body of Kanhu was sent for post mortem examination.

(3.) In course of investigation, witnesses being examined, the accused was apprehended on 16/7/2011. It is stated that while in police custody, he made a statement to have kept Bhujali over the 'Bhara' of his house. It is stated that pursuant to the said statement, the accused led the police and other witnesses to his house and gave recovery of that Bhujali which was seized under the seizure list. The seized incriminating materials were sent for chemical examination through Court and finally on completion of investigation, the Investigating Officer (P.W.24) submitted the Final Form placing this accused and two others namely Upendra Rana and Shanti Rana, who happen to be the father and mother of this accused to face the Trial for committing the murder of Kanhu and causing disappearance of evidence.