ABHIRAM ROHIDAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal by the three appellants, namely, Abhiram Rohidas(A1), Bhabani Shankar Kumra (A2) and Dara Seth(A3), is directed against the impugned judgment of conviction and order of sentence dated 26.2.96, passed by Additional Sessions Judge, district Sambalpur, in S.T. No. 180/39 of 1994, State versus Abhiram Rohidas and 2 others, relating to crime no. 36 of 94, U/Ss 449/302/382/34 I.P.C. police station Katarbaga district Sambalpur, by which learned trial Judge has convicted all the three appellants herein for offence U/S. 302/34 I.P.C. and has sentenced them to life imprisonment while conferring the benefit of set off for the period of imprisonment already undergone by them as under trials.

(2.) ENTIRE edifice of prosecution case against the appellants since depends upon circumstantial evidences, therefore, for accurate understanding and appreciation of various circumstances put forth, essential facts are reproduced below in the chronological order of their happenings, as was stated during investigation and subsequently divulged in the Sessions Trial and counting on that it is revealed that one Nirmal Kumar Naik/PW 4 and Smt. Arti Naik/PW 6 are the son and daughter -in -law of both the deceased Jayanarayan Naik(D1) and Smt. Narmada(D2), both residents of village Laida, P.S. Katarbaga district Sambalpur. Laxminarayan Naik/PW 3 is the maternal younger cousin brother of (D1) and brother -in -law of (D2). Jala Munda/PW 1 a labourer and Dashrathi Khichidi/PW 5, a milkman also worked with the deceased as domestic help and milkman. Since a month prior to the present incident, both son and daughter -in -law, PW 4 &6, were residing in village Purna in district Jharsuguda, where they had a tractor hiring business. Rest of the two sons of the deceased were in services and they did not reside with the deceased in village Laida.

(3.) IT is further alleged that on 15.4.94 Jala Munda/PW 1 domestic help of the two deceased, a hostile witness, after quenching thirst of deceased's' buffalo in a tank left it at thrashing floor at 5 p.m. and then gave a call to (D2) to ask her if some more work was to be done but was unable to receive any reply from inside the house. Curiously he opened the front door and peeped inside and found (D2) lying dead supinely on the veranda. Being terrified PW 1 clasped the door, came out and tramped towards his house. En -route he informed the incident to Khatu Patel, Patu Mistri and Munu Gond. (Since PW 1 turned hostile and denied his interrogatory statements u/s. 161 Cr.P.C. and rest of the three aforesaid persons have not been examined in the trial therefore further development concerning this disclosure remains unknown).Further prosecution story is that Dashrath Khichidi/PW 5, milk man of the deceased as usual went to the house of the deceased on 16.4.94 at 6 a.m. to milk their cow but on entering into the gate he found the cattle roaming and untied. Being surprised he vainly called (D2) without any response and curiously he stepped inside the house through eastern entrance only to discover corpse of (D1) inside his bed room near his cot with spilling of blood on the ground. PW 5 further spotted cadaver of (D2) on the veranda. Being perturbed, PW 5 came out and informed the murder to Manoj, Markanda, etc., and then left for his other duties. Manoj intimated the double murder to Laxminarayan/PW 3 who came to the incident house, located both the dead bodies and called village watchman (gram rakhi) and instructed him to watch over the place and thereafter scribed FIR Ext. 2, measured a distance of 20 Kms. to P.S. Katarbaga where he lodged his FIR on the same day at 8.20 a.m. which was registered by O.I.C. Pramod Kumar Patel, I.O./PW 14 as case no. 36 of 94, U/Ss 457/302 I.P.C.