GOPABANDHU SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 20/3/2019 passed by the learned Sessions Judge, Gajapati, Parlakhemundi, in S.T. No.90 of 2015 arising out of G.R. Case No.59 of 2015 corresponding to R. Udayagiri P.S. Case No.33(6) of 2015 in the Court of the learned Judicial Magistrate First Class (J.M.F.C.), R.Udayagiri.

(2.) On 30/6/2015, one Priyadas Mali (P.W.2) presented a written report (Ext.2) with the Inspector-in-Charge (I.I.C.) of R.Udayagiri Police Station (P.S.) stating therein that on 21/6/2015, around 8.00 p.m., his younger brother, namely, Prabhabchandra Mali @ Babudas; after having left the house on receiving a phone call, had not returned. It was also stated therein that despite search; as they could not trace him out, they had lodged a missing report at Ramagiri Outpost of 24/5/2015. On 21/6/2015, an information was received from one Jitendra Missal that accepting the request of Prabhabchandra Mali @ Babudas, he had dropped him in the house of Subhrakeshi Sabar and then had returned on the motorcycle of said Babudas. In course of time, further information was received from the villagers that on 21/6/2015, this accused, namely, Gopabandhu Sabar@ Gopa, his wife Subhrakeshi Sabar and one of his friends Krupana Raita (who having faced the Trial, have been acquitted) killed Prabhabchandra @ Babudash by calling him over phone and have caused disappearance of evidence by concealing the dead body somewhere.

(3.) In course of investigation, the I.I.C. (I.O.-P.W.17) examined the Informant (P.W.2) and recorded his statement and also those of other witnesses under Sec. 161 of the Code of Criminal Procedure, 1973 (for short, the 8Code9). He visited the spot and prepared the spot map (Ext.14). He, having made inquest over the dead body of the deceased, prepared the report to that effect (Ext.1).