KAMALA SETHI AND Vs. STATE

JUDGEMENT

(1.) These two appeals are interlined as both assail the correctness of the judgment rendered by the learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial No. 105 of 1989.

(2.) The appellants (hereinafter referred to as the 'accused') stood trial being charged for commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 ( in short, 'IPC') for having committed murder by intentionally causing death of Rameshwar Sethi (hereinafter referred to as the 'deceased'), in furtherance of their common intention.

(3.) A brief resume of the fact situation a ( as) unfolded by the prosecution during trial is as follows : Accused Kamala is the wife of the deceased. Out of their wedlock four children were born. A house was provided to the deceased and accused Kamala under Indira Awas Yojana at village Gadia. Accused Budha alias Srustidhar Singh is married to Asana and they have children. Budha owned two houses at village Gadia, one being his ancestral house, and the other which he got under the aforesaid Indira Awas Yojana. His children used to reside in the ancestral house, while in the house allotted to him by the Government he was residing with his wife Asana. He had developed illicit relationship with accused Kamal, which led to difference between him and his wife. A meeting was convened by the villagers at the request of Asana on 23/05/1989. The said meeting was attended by the village Ward Member, Sarpanch and other important persons of the locality, and both the accused persons. In the meeting accused Budha admitted that the accused Kamala was his concubine. Accused Kamala also admitted that she had illicit relationship with accused Budha. Before taking any decision, it was decided in the meeting that the deceased should be called to the meeting. Murair Marandi (P. W. 5) was sent to call the deceased, but accused Kamala stood at the doorstep of the house and did not allow P.W. 5 to go inside to call the deceased, saying that he was ill and was taking rest. On 24-5-1989 Maheswar Sethi (P.W. 2), the elder brother of the deceased, came to the village on being informed by Sadhu Charan Digar (P.W. 3) about illness of the deceased. He went to the house of the deceased and wanted to see him. Again accused Kamala stood at the door step with a view not to allow him to go inside. However, P.W. 2 managed to go inside the house and found the deceased lying in a sleeping position having his face downwards and a cloth covered over him. He noticed bleeding injuries on the forehead of the deceased. Since the deceased did not respond to his calls, he immediately rushed to Gadia dispensary to call the doctor, but the doctor being absent he could not get him. A doctor from Kostha had come to village Gadia on some other work. At the request of P.W. 2, he went to the house of the deceased, and on examination declared the deceased dead. During investigation it transpired that the accused Budha had come to the house of the deceased with meat, cooked the same and after taking his dinner left for his house on 21-5-1989. As usual, the deceased and accused Kamala slept on the floor and their children slept on two cots. In the night Gitarani Sethi (P.W 4), the daughter of the deceased having heard a groaning sound woke up and found accused Budha pressing the face of the deceased with a guilt and her mother catching hold of both his legs. Accused Kamal asked her to sleep threatening to kill her if she made a sound. Being afraid the girl pretended to have gone asleep. On the next day morning she woke up and found her father to have sustained head injuries. Accused Budha who was present in the house asked her to sever up the face and head of her father. Though her father was alive, he could not speak anything. On the next day he regained his sense and on being asked he said that he was assaulted by accused Budha with an axe while his wife, accused Kamala, had caught hold of his legs. Thereafter the deceased became senseless and ultimately succumbed to the injuries. Information was lodged at Suliapada Police Station by P.W. 2. Since he had no information about the details, P.W. 2 indicated about the death upon which investigation was undertaken. While in custody accused Budha made a disclosure statement about concealment of weapon of offence i.e. the axe and led the Investigating Officer and the witnesses and gave recovery of the weapon (axe) from his house which was stained with blood, and some human hair sticking to it. On completion of investigation, charge sheet was submitted and the accused persons stood trial.