SUDAMA GOUDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 17/2/2005 passed by the learned Additional Sessions Judge, Bhanjanagar in S.C. No.17 of 2003/S.C. No.125 of 2003-GDC convicting the Appellant for the offence punishable under Sec. 302 IPC, sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000.00 in default to undergo rigorous imprisonment (R.I.) for three months. The trial court has also convicted the Appellant for the offence under Sec. 201 IPC and sentenced him to undergo R.I. for two years and to pay a fine of Rs.500.00 in default to undergo R.I. for two months in respect of the said offence. Both sentences were directed to run concurrently.

(2.) The Appellant had been charged for committing murder of one Bhikari ouda (hereafter, 'the deceased'). The case of the prosecution hinged largely upon the evidence of the Informant-Khalia Gouda (P.W.1). According to the prosecution, P.W.1 along with his son Nilanchal and the deceased, who was 11 years old, went at 9 am on the morning of 9/10/2002 to Cattle Gotho (Kuhara) near a hill. When they reached the Kuhara near Bhuyani Mundia for collection of milk, P.W.1 found that Bijaya Gouda (P.W.7) and Sambari Gouda were there collecting milk in their respective Kuharas. While P.W.1 collecting the milk, the present Appellant-accused reached there and asked him to give a little quantity of milk which P.W.1 acceded to.

(3.) After the milking was over, P.W.1 told the deceased to remain at the Kuhara and look after the buffaloes and cows while he went back to his house to take lunch. While returning to his house, P.W.1 asked the present Appellant, Sudam to accompany him, but the Appellant declined saying that he would come later. While P.W.1 along with P.W.7 and Sambari Gouda came to their respective houses, the Appellant and the deceased remained in the Kuhara. After lunch, when P.W.1, P.W.7 and Sambari Gouda returned to their respective Kuharas, they could not find the deceased or the present Appellant. When P.W.1 returned to the village and asked the present Appellant regarding the whereabouts of the deceased, the Appellant informed him that he had not seen the deceased. On the day following the occurrence i.e., 10/10/2002 at 8 am, the villagers searched for the deceased, but in vain. One of the relatives of P.W.1 disclosed that one man of village Choppra informed her that while he had been to Janighai to fetch water, he had noticed the Appellant inside the water. Thereafter, the villagers entered into the pond and searched for the deceased and recovered his dead body. When the dead body of the deceased was brought out, they could notice a cut mark on the neck and also found a big stone tied on the waist of the deceased by means of a napkin. P.W.1 then verbally reported the matter to the ASI, Jagannath Prasad Outpost at village Chikilli (P.W.10).