BIRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Convict under section 302, I.P.C. undergoing sentence for life has appealed from Jail.

(2.) Convict aged about 30 years had intimacy with Ramani unmarried sister of Naba (P.W. 10), though they are of two different villages about 14 k.ms. apart. Accused was coming to house of his maternal uncle which is in village of Ramani where she was going, as Ranga, daughter of maternal uncle (P.W. 5) of accused was friend to Ramani. On 29.9.1988 Ramani missed from her house. P.W. 10, his, wife and mother were absent from house. On return, they learnt from people in the street that Ramani went away with accused. Accused and Ramani belong to the same caste. As Ramani an unmarried girl had conceived for four months by that time being in association of accused, family members were satisfied that accused had done well. Eight days after, they went to accused in his village to enquire about the comforts of Ramani. Accused denied to have gone to village of Ramani and to have taken her. Accused threatened to assault them. So they went to police station to report about the missing of Ramani. Officer-in-charge informed them that a female was lying dead near Turumunga police station and advised them to go to that police station and make enquiry. At Turumunga police station, officer-in-charge of that police station showed some wearing apparel and photographs of a deceased female. P.W. 10 identified the wearing apparel to be of Ramani. He also identified the photographs to be of Ramani. Accordingly, he lodged information (Ext. 12) at Turumunga police station on 9.10.1988 at about 1 p.m. that accused has killed his sister.

(3.) After investigation accused was charge-sheeted and thereafter committed for trial. P.W. 2 who saw the dead body in the eucalyptus jungle of village Baradangua informed P.W. 1, the ward member of the village, P. W. 1 intimated the fact to officer-in-charge after arranging to watch the dead-body. Officer-in-charge came to the spot, prepared inquest report, seized the wearing apparel, broken bangles and brought them to the police station when he prepared the seizure list. Photographs of the dead body were taken. Thereafter the dead body was sent by him with dead body challan through P.W. 8 for postmortem examination. It was produced before the doctor (P.W. 12) on 3.10.1988 who conducted the autopsy and sent the post mortem report. On 9.10.1988 P.W. 10 with others came to police station and started on seeing the wearing apparel and photographs of the dead body that the same is of his sister Ramani. There is no other evidence that the dead body is of Ramani.