JOGE GOPAL JOGE Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants Joge Gopal Joge and Balkrushna Nag Gokul (hereinafter referred to as the accused) call in question legality of their conviction for offence punishable under section 302 read with section 34 and section 380 read with section 34 of the Indian Penal Code, 1860 (for short, I.P.C.) and the sentence of rigorous imprisonment for life for the former and three years for the latter, as awarded by the learned Sessions Judge, Sambalpur.

(2.) The appellants faced trial for allegedly having intentionally caused death of Puran Bahadur (hereinafter referred as deceasedT) who was working was as the Night Watchman of G.M. College, Sambalpur, for commission of theft of cash box, torch light and bunch of keys of the said College, and wrist watch of the deceased, in furtherance of their common intention. Information was lodged at the Town Police station, Sambalpur, on 6/10/1989 at about 1.15 a.m. to the effect that in the mid-night of 5/6-10.1989 Tunu Munda, P.W.2, the Night Watchman of the college came to the residence of Sambhu Prasad Misra, P.W. I, the in charge Principal along with Debadhi Sahu, the bearer of the college and informed him that the deceased was lying in front of the stair case on the ground floor with blood near his body. P.W .1 lodged information having ascertained from Tunu, P.W. 2, that on 5/10/1989 at about 9.30 p.m. he handed over the keys of the college gate to the deceased when he came to the college after taking meal and Tunu went to his house to take his meals. When he returned after about half an hour, he found the gate was locked from inside. He called for the deceased loudly and repeatedly; but since there was no response, being suspicious that some foul acts have been done, he collected the duplicate key from Narottam Sahu (P.W.3) and opened the door in his presence. Both of them entered inside the premises and found the door of the academic section open, and the deceased lying with blood near his body. Tunu Munda went to the residence of the Office Superintendent Dayanidhi Bohidar (P.W.5) and informed him about the occurrence. At his instance Tunu Munda came to the residence of the informant, and informed him about the occurrence. On getting information, P.W.1 called his Stenographer and other employees of the college, namely, Bharat Chandra Sutar (P.W.6), Dayanidhi Bohidar (P.W.5) and several others who have not been examined as witnesses. They went to the spot and found that deceased was lying dead with serve bleeding injuries on his head. During investigation, the investigating officer (P.W.25) visited the spot, prepared the spot nmp (Ext 20), gave requisition to the Scientific Officer and police dog was brought to help him in investigation; inquest of the dead body was done; certain bloodstained hair, blood-stained cigarette tips and three teeth bone pieces were seized from the spot; the dead-body was sent for post-mortem examination. Certain other articles were also seized. The investigating officer arrested the accused Joge on 25/10/1989 and interrogated him. While in custody, the said accused gave information to show the place where he broke the box and threw the documents and led the police to an open place near the Town Planning Office locally known as TCircus Padia and pointed out the tom pieces of college admission forms, L.I.C. pass books and revenue stamps. Those were, seized by the investigating officer. He further disclosed before the investigating officer to give recovery of bunch of keys concealed by him and so saying he led the investigating to a ditch filled with water in an open field near the Headquarters Hospital, Sambalpur and pointed out the same to the investigating officer who recovered the bunch of keys from the water. The accused Balakrushna was arrested on 14/11/1989 and while in custody he gave information to the investigating officer about places where he had thrown the torch light of the deceased and sold his wrist watch. He led the investigating officer to Jhara suguda and pointed out the accused Safiqula who was also tried for commission of offence under section 411 of I.P.C. Accused Joge made judicial confession before the Magistrate (P.W.19) as per Ext. 15. After completion of investigation, charge-sheet was submitted and the accusedper sons faced trial.

(3.) In order to further its case prosecution examined 26 witnesses. At this juncture it is relevant to mention that one Mithilesh claimed to be a witness to an extra-judicial confession made by accused Joge. The learned trial Judge analysed the evidence of the witnesses and examined several factors, which according to prosecution were incriminating so far as accused Joge and Balakrushna are concerned. In relation to Joge, the following circumstances were submitted to be incriminating: