TURU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since both these Appeals [as at (A) and (B)] arise out of same judgment of conviction and order of sentence dtd. 12/7/2018 passed by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.30 of 2015 arising out of G.R. Case No.565 of 2014 (T.C. No.538 of 2014) corresponding to Bisoi P.S. Case No.106 of 2014 of the Court of learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Rairangpur; those Appeals were heard together for their disposal by this common judgment.

(2.) Prosecution case is that on 1/12/2014, Randai Naik (P.W.9) was in her house situated of village Banakati, her husband Dasmat (deceased) was also with her in the house. Dasmat uttered some pinching words in general aiming his neighours. Hearing the same, accused-Sukura went to the house of Dasmat and assaulted him. Other accused persons who have since been acquitted and the accused-Turu @ Arjun Naik being close neighbours arrived at the spot and assaulted Dasmat as well as his wife Randai (P.W.9). Due to such assault, Randai (P.W.9) sustained severe injuries and fell in her house in an injured condition; whereas Dasmat receiving injuries met his death. These accused persons with others since acquitted are stated to have then carried the dead body of Dasmat from his house and placed the same on National Highway No.49 near village Nuagaon by covering a distance of two (2) km. from the house of Dasmat in order to cause disappearance of evidence.

(3.) On 2/12/2014, one Priyanka Mohanta, daughter of Bhimsen Mohanta of village Nuagaon (P.W.4) came to the house of Randai (P.W.9) to inform about the fact that the dead body of Dasmat was lying on the National Highway. She (P.W. 4) however saw Randai (P.W.9) lying with injuries in her house. Randai (P.W.9) was then shifted to Jashipur Hospital for treatment and being referred for better treatment was taken to Rairangpur Sub-Divisional Hospital and thereafter to District Headquarter Hospital, Baripada. On 2/12/2014 early morning, an accident had taken place on the National Highway at a close proximity to the place where the dead body of Dasmat was lying. The truck involved in the accident had capsized. The Driver and Helper of the said truck sustained injuries. The dead body of Dasmat was found lying on the road with injuries all over.