STATE OF ORISSA Vs. RAJU

JUDGEMENT

(1.) THE present death reference No. 4 of 2012 arises out of Criminal Trial No. 17 of 2011 in which the learned Sessions Judge, Nuapada held the accused persons guilty of offences under Section 460/302/307 of the I.P.C. read with Section 34 of the I.P.C. and accordingly convicted them thereunder. On such conviction the learned Sessions Judge, Nuapada sentenced each of the convicts to undergo rigorous imprisonment for 10 years on each count under Sections 460/307 of the I.P.C. read with Section 34 thereof and further directed that the sentences were to run concurrently. The learned Sessions Judge further sentenced each of the convicts to death under Section 302 of the I.P.C. read with Section 34 thereof and further directed that each of them shall be hanged by the neck till they are dead. Learned Sessions Judge further directed that the proceedings be submitted to this Court for confirmation of the death sentence. Challenging the aforesaid orders of conviction and sentence, convict Manoj Kumar Bhoi has filed Criminal Appeal No. 534 of 2013 and convict Raju @ Motilal Barik has filed Criminal Appeal No. 634 of 2012 before this Court. In such background, the above noted death reference and two Criminal Appeals are heard together and are being disposed of by this common judgment. Prosecution case in brief is that convicts, namely, Manoj Kumar Bhoi and Raju @ Motilal Barik were frequently coming to the house of one Pankaj Mirdha (P.W. 1). On 1.2.2011 at about 3 to 4 P.M. both the convicts came to the house of Pankaj Mirdha and demanded money from the deceased wife of Pankaj Mirdha, namely, Saibani Mirdha. When Saibani Mirdha refused to meet the demand, both the convicts enquired about Pankaj Mirdha (P.W. 1). To such query the deceased Saibani replied that Pankaj Mirdha (P.W. 1) had gone to Dangar. Both the convicts threatened Saibani Mirdha, the wife of Pankaj Mirdha that unless the money is given to them, the deceased Saibani would meet dire consequences and then they left the house of P.W. 1. In the night, after taking meals P.W. 1, his deceased wife Saibani and youngest son Mukesh were sleeping in the Parchhi on the ground. The daughter of P.W. 1, Kausalya (also deceased) and eider son Khirasindhu of P.W. 1, who has been examined as P.W. 2 were sleeping in one cot in the front room adjoining Parchhi. There was a tin door in the Parchhi and the same was tied with an iron wire to keep it closed. In the night of occurrence, while P.W. 1 was sleeping in the Parchhi, the tin of the Parchhi hit at his head as a result P.W. 1 woke up and saw that the tin door was open and both the accused persons were standing inside the Parchhi. Then all of a sudden the convict Manoj Kumar Bhoi gave a blow on the neck of P.W. 1 by means of a sharp object and as a result P.W. 1 became, senseless. On 2.2.2011 in early morning P.W. 5 the informant when tried to open the front door of his house from inside he could not open the same as the same was locked from outside. P.W. 5 happens to be the full blooded younger brother of P.W. 1. Sometime after P.W. 5 was able to open the door and at that time there was Ho Hullah outside his house. After coming out from his house, P.W. 5 could know that the houses of P.W. 3 and Sadhu Mirdha were also locked from outside. There P.W. 5 along with others heard groaning sound from the house of his elder brother Pankaj Mirdha (P.W. 1). P.W. 5 along with others peeped into the said house and found all family members of Pankaj were lying in a pool of blood having sustained severe bleeding injuries. Later P.W. 5 found Kausalya the elder daughter of Pankaj Mirdha lying dead with bleeding injuries. The injured persons were unable to talk because of severe injuries sustained by them. The informant also noticed that one axe, one paniki, one knife and one lathi stained with blood were lying at the spot. Then suspecting involvement of some unknown persons in commission of the said ghastly crime, P.W. 5 (informant) lodged a written report before the police. On the strength of the said report, the Police of Komna Police Station registered Komna P.S. Case No. 10 of 2011 and took up the investigation. During course of investigation, the I.O. examined the informant and others, conducted the inquest over the dead body of the deceased Kausalya Mirdha and sent the injured persons for their medical examination to D.H.H., Nuapada. Soon thereafter, the injured Saibani Mirdha, the wife of P.W. 1 succumbed to her injuries in the hospital. The police made requisition to C.H.C., Komna for post mortem examination on the dead body of Kausalya Mirdha and another requisition to D.H.H., Nuapada for post mortem examination on the dead body of Saibani Mirdha. During course of investigation, the police seized weapons of offence and wearing apparels of the deceased. The police also sent different materials for their chemical examination to Regional Forensic Laboratory, Berhampur. The police arrested the accused persons on 8.3.2011 and forwarded them in custody to the Court. On completion of investigation, the police submitted charge sheet against the accused persons under Sections 460/302/307 read with Section 34 of the I.P.C. on 26.5.2011 to the Court of learned S.D.J.M., Nuapada. Consequent upon the commitment of the case to the Court of the Sessions, Nuapada the convict -appellants stood their trial under Section 460/302/307 of the I.P.C. read with Section 34 of the I.P.C. for committing house breaking and for having murdered Saibani Mirdha and Kausalya Mirdha and also for attempting to commit murder of P.W. 1, P.W. 2 and Mukesh Mirdha.

(2.) THE plea of the convict -appellants before the learned Sessions Judge was one of complete denial.

(3.) THE convicts did not lead any evidence in their defence. After closure of recording of evidence, both the convicts were examined under Section 313 of the Cr.P.C. Both of them answered the questions in negative and took the plea that they have been falsely implicated by the police. Upon completion of trial and after a detailed examination of materials on record, the learned Sessions Judge came to the conclusion that the prosecution has established its case beyond all reasonable doubt and accordingly found the convict -appellants guilty as indicated earlier and also sentenced them to death under Section 302 of the I.P.C. read with Section 34 of the I.P.C. and sentenced each of them to undergo R.I. for 10 years on each count under Sections 460/307 of the I.P.C. read with Section 34 of the I.P.C.