SADHU BAG Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Sadhu Bag along with co-accused Bira Bilung faced trial in the Court of learned 1st Adhoc Additional Sessions Judge, Sundargarh in S.T. Case No.7/6 of 2006 for commission of offences under Sec. 302/201/34 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that in the intervening night of 19/20/3/2005, they committed murder of one Umakanta Bariha (hereinafter 'the deceased') and concealed his dead body at Kulatiha ghat of Ichha river, Lephripada in furtherance of their common intention to screen themselves from the liability of the offence and the ensuing punishment.

(2.) The prosecution case, as per the first information report (hereinafter 'F.I.R.') presented by Pitambar Bariha (P.W.8) is that the deceased was his younger brother and on 19/3/2005 during night hours, the deceased left his house wearing pant and shirt after informing his family members that he would be returning home soon, but he did not return during that night and on the next day morning at about 9.00 a.m., a co-villager of the informant informed him that the dead body of the deceased was lying with injuries inside the water near Kulatiha ghat of river Ichha and some stones were stacked over him and both of his hands were tied and there were blood stains at a little distance where the dead body was lying on the sand.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant and the co-accused under Sec. 302/34 and 201/34 of the I.P.C. on 18/4/2006 and since the appellant and the co-accused refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.