ABHI @ ABHIRAM MUNDA Vs. NANDU MUNDA

JUDGEMENT

(1.) IN both these appeals filed separately, the appellants have called in question, the judgment of conviction and sentence passed by the learned Sessions Judge, Sundergarh in S.T. No. 240 of 1998. These appellants having faced the trial in the court of learned Sessions Judge being charged for offence under Sections 302/201/34 IPC have been convicted for said offences and they have been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/ - with default stipulation to undergo further imprisonment for the period of one year.

(2.) THE case of the prosecution is as under : - The deceased Dasri Naik, who was the village level worker, was also the member of the Village Mahila Samiti. She was staying with her son and family in their house at village Balijudi under Koira Police Station in the district of Sundargarh. It is said that there was dispute between the deceased in one hand and the accused persons on the other as the appellants were suspecting that the deceased was practising witchcraft and such witchcraft being pressed into service, she was suspected to be instrumental in causing death of a member of the family of the appellant -Nandu. The 8th day of August, 1988 was the day of Gamha Purnima (Rakhi Purnima). The family members of Dasri, i.e., son, daughter -in -law and the grand children had gone for a visit to the house of one Bansi Naik at village Dengula. Finding that as the opportune moment, it is said that the appellants who are the front door neighbours of the deceased suddenly came and dragged the deceased Dasri to a place and caused her death. Female folk of the village found the earth to have been freshly dug near a rivulet (Nala), so Bansi Naik was asked to see that place. Surprisingly when the earth was removed out of suspicion, the dead body of Dasri was found to have been buried inside. So Bansi proceeded to Koira Police Station, orally reported the same while stating the previous disputes etc. On receipt of such information, the then O.I.C., Koira Police Station (P.W.13), reduced the same into writing and investigation triggered therefrom. The dead body was exhumed. Witnesses were examined in course of the investigation. P.W.13, the I.O. visited the spot, held inquest over the dead body and sent the same being escorted by a constable of police for post mortem examination. The incriminating articles, as found from near the place were seized by P.W.13 (I.O.). On 11.8.1998 the appellants were arrested. It is further case of the prosecution that the appellants being arrested and while in police custody, pursuant to their statement gave recovery of the wearing apparels, knife and iron crow bar. Incriminating materials were then sent for chemical examination. Finally on completion of investigation, charge sheet was submitted against the appellants to face the trial for the above offences.

(3.) ON going through the evidence of the doctor, P.W.14 his report Ext.13, and other evidence as regards the inquest etc., the trial court first of all has arrived at the conclusion regarding homicidal death of Dasri. Next proceeding to the complicity of the appellants, the case being based upon the circumstantial evidence, the trial court keeping in mind the settled principles of law on the subject has gone to examine each of the circumstances emanating from the evidence. Lastly having come to the finding that these circumstances taken together form a chain so complete, inescapably pointing towards the guilt of the appellants, they have been convicted for the offences as stated above and sentenced there -under.