LAWS(ORI)-2014-2-28

MISHRA PARAJA Vs. STATE OF ORISSA

Decided On February 21, 2014
Mishra Paraja Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE present Death Reference No.3 of 2013 arises out of Criminal Trial No.67 of 2011 in which the learned Sessions Judge, Nabarangpur has held the accused guilty of offence under Sections 376/302 of I.P.C. and accordingly convicted him thereunder. On such conviction, the learned Sessions Judge, Nabarangpur sentenced the convict to death under Section 302 of I.P.C. read with Section 376 of I.P.C. and further directed that the convict be hanged by neck till his death. The learned Sessions Judge further directed that the proceedings be submitted to this Court for confirmation of death sentence. Challenging the aforesaid order of conviction and sentence, the convict Mishra Paraja has filed CRLA No.242 of 2013 before this Court. In such background, the above noted death reference and criminal appeal having been heard together are being disposed of by this common judgment.

(2.) PROSECUTION case in brief is that on 27.02.2011 at about 4.00 P.M., the deceased, Lachhandei Gond was sitting under a mango tree bordering the land of P.W.6 and P.W.8. P.W.6 is the wife of P.W.8 and at that time both of them were working in their field.

(3.) THE convict -appellant did not lead any evidence in his defence. After closure of prosecution evidence, the convict -appellant was examined under Section 313 of Cr.P.C. He answered the questions in negative and took the plea that he has been falsely implicated by the villagers on account of enmity. Upon completion of trial, the learned Sessions Judge came to the conclusion that the prosecution has established its case beyond all reasonable doubt and accordingly found the convict -appellant guilty under Sections 302/376 of I.P.C. and sentenced him to death under Section 302 of I.P.C. The learned Sessions Judge did not inflict separate punishment on the convict -appellant in respect of offence of rape punishable under Section 376 of I.P.C.