KATORAMSING BANARA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Katoramsing Banara, who is an Adibasi belonging to a Scheduled Tribe, has knocked the door of this Court through the instant appeal challenging the impugned judgment of his conviction u/s 302 I.P.C., dated 25.03.2003, recorded by the learned Sessions Judge, Myurbhanj, Baripada in Sessions Trial Case No. 210 of 2001(State Vrs. Matal Murmu and others), and imposed sentence of life imprisonment therefor, while being acquitted for the charge u/s 201 I.P.C. by the same judgment.

(2.) Stating the prosecution version concisely, as is manifest from the prosecution evidences, both oral and documentary, that Mantising Bandra, resident of Mauja Purnadiha, Champai Singh/PW3, resident of Ranagnuadiha, and the appellant Katoramsing, resident of Mauja Khodabahali, all under the same police station Sarat, district Mayurbhanj, were brothers. Informant Smt. Jambising Bandra/PW1 is the wife of Mantising Bandra and mother of Pradhansing Bandra(deceased), whose erstwhile wife, now his widow, is Jamunasing Bandra/PW2. Sukumar, is the sister of the appellant who is married to one Silei Ho, resident of village Dangadiha. It is alleged that on 1.10 2000, a Sunday, appellant came to the house of the informant and for gaming purposes both left with bow and arrows. From the house of the informant and the deceased both went to the village of the sister namely Dangadiha. Joda Ho, a resident of that village wanted to dispose off one S.B.M.L. gun at a price of Rs. Rs. 500/-(Rupees five hundred). The deceased as well as the appellant agreed to purchase that gun at that price and an advance of Rs. 50/-(Rupees fifty) taken from one Baju Ho was paid the seller Joda Ho with understanding that residue of the sale price shall be paid within a week. Joda Ho, however, had handed over the gun to the deceased-Pradhansing Banara. From the Village Dangadiha, the appellant along with the deceased and Silei Ho came to Kukum Handia Depot, where they stayed during the night. Other acquitted accused persons, namely, Matal Murmu and Rodo Ho also arrived there. At the Depot, the accused persons and the deceased along with their companion consumed locally brewed liquor called "Handia". It is further alleged that under influence of that intoxication that muscle flexing ensued between the appellant and the deceased amidst which deceased was assaulted fatally. Testimony of Dibar Singh/P.W. 16, who was examined as an eye witness to the scuffle, further reveals that when the scuffle was going on, he had left that place.(There is complete absence of any further evidence regarding any happening after that). Subsequently, as per prosecution version, the appellant alone returned to the native village on 5.10.2000 and that day at about 4 p.m. came to the house of the informant and the deceased and inquired as to whether he had come back or not? Informant mother then inquired about the welfare of her son but without any satisfactory answer. Subsequently, on 7.10.2000, he again came to the house of the deceased and informed the mother that the cadaver of the deceased was lying at Sapanghutu hill. The informant along with her family members went to the sport where the cadaver was lying. Initially an U.D. case was registered and subsequently a formal F.I.R. was registered at the police station regarding the demise of the deceased. Investigation, which followed resulted in submission of charge sheet against the accused persons including the appellant.

(3.) Case of the appellant was committed to Sessions court for trial and since appellant abjured charge of murder that his prosecution commenced during course of which eighteen prosecution witnesses and one defence witness were examined on behalf of the both sides. P.W.1 is the informant and mother of the deceased, P.W.2 is the widow of the deceased and P.W.3 is the uncle of the deceased. Prosecution evidence further is that it was before Champai Singh that the appellant had made an extra judicial confession. The same is the evidence of P.W.4- Sadansing Kurty. P.W.5-Dibakarsingh Purty, is the scribe of the F.I.R. The other witnesses are the seizure witnesses and the police personnel. The Investigating Officer of the case is Rasananda Rout (P.W.18).