POTI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This criminal appeal has been preferred challenging the impugned judgment dated 30.07.2012 passed by the learned Sessions Judge, Nabarangpur in Criminal Trial No. 11 of 2008 convicting the appellant under Sections 364/302/201, IPC and sentencing him to undergo R.I. for life and pay fine of Rs. 10,000/- and to undergo further R.I. for two years, under Section 302, IPC and to undergo R.I. for 10 years under Section 364, IPC and to undergo R.I. for two years, under Section 201, IPC and learned Sessions Judge directed all substantive sentences to run concurrently subject to set off all the period already undergone by the appellant convict as U.T.P. as per Section 428, Cr.P.C.

(2.) Shorn of unnecessary details, the prosecution case as revealed from the F.I.R. in a nut-shell is that on 11.09.2007 two small kids both aged about five years old namely Gudu, son of Manbodh Gond (P.W.9) and Dablu son of Kartik Gond (P.W.4) were found missing from the rear side of the house of the informant namely Duksai Gond (P.W.2) while they were playing. After being informed about the missing of the said two kids from his wife, P.W.2 along with others made frantic search in different places to trace out the missing kids. Ultimately, the informant and father of the two kids were able to locate the beheaded body of the two kids from the nearby nursery adjacent to the village and the cut heads of the two kids were found at a distance kept lying beneath a tree wrapped with a towel. The said unfortunate incident was reported to the Raighar Police Station and the case was registered thereon. In course of investigation, inquest was held over the dead bodies and the same was sent for post mortem examination. The witnesses were examined and the accused was apprehended. While in police custody it came to the notice of the investigating Officer that the appellant accused under superstition and blind belief to satisfy one goddess sacrificed the two kids in a brutal and gruesome manner by means of an axe which was the admission of the appellant accused in extra judicial confession. The appellant accused also disclosed the place of concealment of the weapon of offence, i.e. axe with which two kids were killed, which led to recovery and seizure of the said weapon of offence along with his lungi and banian from his house. After completion of investigation, the police submitted charge sheet under Sections 364, 302 and 201, IPC against the accused. The case was committed to the Sessions Court for trial, where the accused was charged with offences as above and since he denied those charges his prosecution commenced.

(3.) The prosecution to prove the case to the hilt has examined as many as 15 witnesses including the informant P.W.2. P.W.1 is the autopsy doctor. P.W.3 is the wife of the informant. P.Ws. 3 and 9 are the fathers of the two deceased kids, namely, Dablu and Gudu, who were witnesses to the inquest. P.W.5 is the scribe of the F.I.R. so also P.Ws. 5 and 6 are witnesses to the confessional statement made by the accused before the 1.0. followed by recovery and seizure of the weapon of offence and wearing apparels of the accused. P.Ws. 7 and 12 are witnesses to the collection of nail clippings of the accused by the doctor. P.W.8 is the police constable, who was escorted the dead body bodies for post mortem examination. P.W. 13 is the witness to the seizure of wearing apparels of the deceased kids. P.W.14 is the post occurrence witness. P.W.15 is the initial I.O. and P.W.10 is the subsequent I.O. who submitted the charge sheet after completion of investigation.