GURU MUDULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) INCREDIBLE it may appear though, it is a real life episode where one brother to shield the other brother from a criminal prosecution of a charge of serious nature like murder, has himself jumped to the legal trap falsely impersonating his said brother. Being caught and entangled in the murder charge with co -accused persons he has been tried and convicted with a co -accused under Section 302/34 of I.P.C. and undergoing life sentence passed by learned Sessions Judge, Koraput in Sessions Trial Case No.362 of 1999. The real accused, who would have been prosecuted and tried, is still at large. The accused, who has been arrested impersonating himself as Kuma Muduli @ Paraja, is Hari Muduli, who had nothing to do with the murder charge. After conviction and while undergoing the sentence, Jail Criminal Appeal was preferred by both the convicts and at the stage of appointment of counsel to defend the appellants a communication was received from the Sessions Judge, Koraput that accused convict Kumar Muduli who is undergoing sentence in the said Sessions Trial, is actually Hari Mudili and the entire episode for his false impersonation of Kuma Muduli. This fact would not have come to light but for arrest of Kumar Muduli in connection with other G.R. Case and his remand to Koraput jail. The Superintendent of District Jail, Koraput intimated this fact to the Sessions Judge, Koraput categorically stating that Haribandhu Muduli is undergoing imprisonment in Sessions Case No.362 of 1999 in the name of Kuma Muduli. After receipt of this communication dt. 25.5.2004 from the Superintendent, Koraput jail, learned Sessions Judge intimated the Superintendent of Police, Koraput to hold an inquiry into the matter himself, since the same was a matter of considerable gravity and submit a report. The S.P., Koraput, after conducting a thorough inquiry on the identity of the real accused in the said Sessions Case No.362 of 1999, submitted report on 3.8.2004 that Hari Muduli, who is undergoing sentence, is neither otherwise known as Kuma Muduli nor his nick name is Kuma. Kuma Muduli is the younger brother of Hari Muduli and said Kuma is the real accused in the case. Apart from that, we have before us the copy of petition of Hari Muduli addressed to the Superintendent of Koraput Jail, wherein he has made a clean breast of the circumstance and has stated that he is Hari Muduli and Kuma Muduli is his younger brother and scared of police baton he identified and impersonated himself as Kuma Muduli.

(2.) WE have heard the learned Addl.Government Advocate and the learned counsel for the appellants and perused the report of learned Sessions Judge and the enclosed reports of the Superintendent of Police, Koraput, Superintendent, Koraput Jail and the petition of Hari Muduli. Considering the facts and circumstances that the real accused is someone else and the convict undergoing sentence is Hari Muduli and not Kuma Muduli, and Kuma Muduli is the real accused not Hari, and Hari has been wrongly tried and sentenced and he is innocent of the charge, we set aside the order of conviction and sentence passed against him and he be set at liberty forthwith unless his detention is required in connection with any other case.

(3.) A copy of this judgment be sent to the Sessions Judge, Koraput at Jeypore for information and for imparting appropriate direction to the concerned authorities including the cognizance taking Magistrate to proceed against Hari Muduli in accordance with law.