NIRANJAN PRUSTY ALIAS DRIVER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence dated 4.12.1995 passed by the Additional Sessions Judge, Berham-pur in S.C. No.34 of 1993 (S.C. No. 227/95 GDC) wherein while acquitting the accused persons of the offence under Sections 498- A/404 I.P.C., he convicted them for the offence under Sections 302/201 read with Section 34 I.P.C. and sen-tenced each of them to undergo R.I. for life, for the offence under Section 302 read with Section 34 I.P.C. and was pleased not to pass separate sentence for the offence under Section 201 I.P.C.

(2.) Bereft of unnecessary details the prosecution case is that accused Niranjan Prusty married deceased Niladri, daughter of Biswanath Swain of village Dhanija about the year 1978. Out of their wed-lock one son and one daughter were born. In the year 1987 accused Niranjan Prusty sold away some of his landed properties, pledged the gold ornaments and with the money he got started a LIA factory at village Kendu-padar. During his stay at Kendupadar, he developed illicit relationship with the co-accused Basanti. When the villagers protested it, both the accused persons left the village for Surat where accused Basanti gave birth to a son through the co-accused. Around the month of July, 1990 both of them with their baby son returned Kendupadar and lived there in a rented house. During their stay at Kendupadar accused Niranjan very often visited his house at Sunapali and persua-ded the deceased Niladri to live with accused Basanti together under one roof, but she did not yield to his persuasion.

(3.) On 29.9.1990 accused Niranjan brought the co-accused and their baby son to his original house at Sunapali and again insisted the deceased to live with them. As she did not agree to it, he threatened to stab her to death. Being afraid of her life the deceased along with his two children came to her parental house on 2.12.1990, narrated the incident before her father Biswanath and asked him to go to village Sunapali and decide the matter finally. On the very day Biswanath left the deceased and her children at Sunapali and requested on Bharat Prusty to settle the matter. On 7.10.1990 when, he came to village Sunapali to see his daughter, he found her absent. On being asked accused Niranjan and his mother Magi told that she had gone to village Dhanija. So, immediately Biswanath returned back to village Dhanija only to find the deceased absent there also. Again he went to village Sunapali and searched for the deceased. When she was not traced out he orally reported the incident before the I.I.C.. Aska Police Station who got it reduced to writing, treated it as F.I.R. and directed S.I. Paresh Kumar Ray to investigate into the matter. When it was under investigation on 9.10.1990 at about 10.OOA.M., Grama Rakhi Trinath Nayak of village Panialbadi informed Mr. Ray that a dead body of a female in naked condition was lying at Chenakhai in the river bed of river Rusikulya. Immediately S.I. Sri Ray proceeded to that place and found the information to be correct. Biswanath identified the dead body to be that of his daughter Niladri. So, after holding inquest over the dead body, the S.I. despatched it to M.K.C.G. Medical through escort party for autopsy, visited the house of the accused persons and seized a Kantha as it was found to have contained blood like substance. He arrested accused Magi Prusty on 10.10.1990 at about 8.30 A.M. and Niranjan at 9.30 A.M. While in police custody accused Niranjan confessed his guilt and stated that on 6/7.10.1990 at about mid-night while the co-accused closed the mouth of the deceased he throttled her to death. Then he carried the dead body being accompanied by accused Basanti to Rusikulya river and threw it there. He further confessed that to give an impression that Niladri committed suicide he wrote a suicidal note showing to have been written by her and kept it on her (deceased) upper cupboard and so saying led the 1.0. and the witnesses there and brought out the suicidal note, which was seized. On that very date i.e. 10.10.1990 at 11.30 A.M. the 1.0., arrested accused Basanti Prusty who while in police custody, confessed that on 6/7.10.1990 at about mid-night accused Niranjan throttled the deceased Niladri and while she made sound, she herself closed her mouth for which she died. She further stated that she took away the nose and ear ornaments from the dead body and concealed the same beneath a cupboard wherefrom the 1.0. seized the ornaments in presence of the witnesses and prepared seizure list in respect thereof. On 11.10.1990 the 1.0. collected the specimen handwriting of accused Niranjan in ten sheets and sent the same for expert opinion. He also seized some dowry articles, given at the time of marriage of the deceased to accused Niranjan from the house of the latter and made over the same to Biswanath on 11.10.1990. The 1.0. forwarded all the accused persons to Court. After completion of investigation, finding a prima facie case against the accused persons, he submitted charge sheet against them for the offence punishable under Sections 498-A/302/404/201 read with Section 34 I.P.C. Before the case was committed to the Court of Session Magi died, so the case against her was abated.