NIRANJAN MELAKA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since above three Appeals as at (A), (B) and (C) are directed against the judgment of conviction and order of sentence dtd. 19/5/2017 passed by the learned Additional Sessions Judge, Rayagada in S.T. Case No.05 of 2016 and S.T. Case No.124 of 2016 arising out of G.R. Case No.400 of 2015 and G.R. Case No.400(A) of 2015 corresponding to Rayagada P.S. Case No.177 of 2015 of the Court of learned Sub-Divisional Judicial Magistrate, Rayagada; those were heard together for their disposal by common judgment.

(2.) Prosecution case is that on 1/8/2015 around 9 pm, the villagers namely, Anadhi Maleka, Balaram Maleka, Gangana, Dinabandhu, Niranjan Melaka (Appellant-Accused), Maleshu Miniaka (Appellant-Accused), Ringu, Mahadev, Chakra(Appellant-Accused), Ansirao (Appellant-Accused), Mahendra Nachika, Sudeshu Maleka, Rajesh Miniaka(Appellant-Accused), Karsena @ Krishna Melaka (Appellant-Accused) convened a meeting in their village. Lathara Pidika and Apudu Melaka, who happen to be the father and uncle of Sukri Melaka, (Informant-P.W.3) had been summoned to that meeting. In the meeting, it was alleged that Lathara and Apudu were responsible for the death of some villagers by practicing sorcery. The accused persons present there in the meeting place, then assaulted Lathara and Apudu alleging that they had killed the son of accused-Niranjan Melaka by practicing sorcery. Sukri Melaka, the daughter of Lathara having proceeded to the spot, saw such assault being made upon her father namely, Lathara and uncle namely, Apudu. She when went to offer water to her father-Lathara, the accused persons then extended threat for which she could not proceed further. It is stated that accused persons there tied the hands of Lathara and Apudu and took them towards Kalinga Pahad asserting that they would be killed. Sukri (Informant-P.W.1) in that situation remained as mute spectator and returned home. On the next morning around 5 am, the accused persons having returned from Kalinga Pahad, declared in the village that they had killed Lathara and Apudu and have buried them. Having said that, they again extended threat that if anybody would be lodging any report before the police in relation to the said incident, he too would be killed.

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.15) examined the Informant (P.W.3) and other witnesses and recorded their statements under Sec. -161 of the Cr.P.C. He also requisitioned the service of the Dog Squad, Scientific Team and Executive Magistrate. Thereafter, the I.O. (P.W.15) arrested accused persons namely, Niranjan Maleka and Mali @ Maleshu Miniaka near that Kalinga Pahad and recorded the statement of accused-Niranjan who then led the police and other witnesses to the place where the forgo of the deceased persons had been buried. The dead bodies thereafter were recovered. The I.O. (P.W.5) then held inquest over the dead bodies of the deceased persons and seized the physical samples collected by the members of the Scientific team. The cadavers were sent to the District Headquarter Hospital, Rayagada for postmortem examination. Accused persons namely, Mali @ Maleshu and Kodanda were arrested on 21/8/2015. On 25/8/2015, accused persons namely, Chakradhar @ Chakra Bidika, Karsena @ Krishna Kelaka and Mahendra Nachika were forwarded. On 16/12/2015, accused-Mahandra Nachika was arrested. Several incriminating articles were seized in course of investigation and all those were sent for chemical examination to Regional Forensic Science Laboratory (RFSL), Berhampur through Court. On completion of investigation, Final Form was submitted placing all those eight (8) accused persons and also others who were absconding to face the trial for commission of offence under Sec. -147/148/302/201/120-B/506/109 /149 of the IPC and Sec. -4/6 of the Odisha Prevention of Witch Hunting Act (for short 'the OPWH Act'), 2013. Subsequently, on 8/9/2016, the accused N.C. Rao @ Ansirao Bidika was arrested and forward in custody to the Court.