GAJENDRA KALANDI @ GAJA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 27/2/2012 passed by the learned Sessions Judge, Keonjhar in Sessions Trial No.167 of 2010 arising out of G.R. Case No.1049 of 2008 corresponding to Nayakote P.S. Case No.47 of 2008 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Keonjhar.

(2.) PROSECUTION CASE- Durga Prasad Moharana was working a driver under one Raja Baridabarana Naik (P.W.1). Durga was driving one Sonalika Rhino Delux Wine Red colour vehicle bearing Registration No.OR-02-AU-2648 owned by Raja (P.W.1). On 19/11/2008 around 8.00 a.m., Durga had taken the vehicle for some repair work to a garage situated in the township of Keonjhar. On that day, around 5.00 p.m, Durga informed his master (Raja-P.W.1) over mobile phone that he would reach within an hour. Since Durga did not arrive as told after waiting for some time, Raja (P.W.1) telephoned him at around 11.00 p.m. He then found that a stranger replied through the said phone that the driver (Durga) and the vehicle would be reaching shortly. Raja (P.W.1) thereafter could not make any contact with the deceased till the next morning around 5.00 a.m. At about 5.00 a.m., when Raja (P.W.1) again called Durga, simply a 'Hello' came in reply and the phone-set was switched off. Raja (P.W.1) then went for search of the vehicle and the driver-Durga. Neither they could trace out Durga nor the vehicle. So, a report was given at the Keonjhar Town P.S. One Krushna Prasad Moharana (P.W.7) towards the evening came to know that the dead body of a person was lying at Jambiriposi Nala. So, he (P.W.7), with his brother-in-law (Labani) went and identified the dead body to be that of Durga. The hands, mouth and legs of Durga was found to have been tied by muffler on face and nylon rope on hands and legs. Bleeding injury on the right side head of the Durga (deceased) was noticed. The matter was informed to Raja (P.W.1) and also to his father (Jagannath Moharana).

(3.) The Investigating Officer (I.O.-P.W.9), in course of the investigation, examined the informant (P.W.1) and other witnesses and recorded their statements under sec. 161 Cr.P.C. The I.O. (P.W.9), having gone to the spot, held the inquest over the dead body in presence of the witnesses and prepared the report (Ext.6). The sample earth, blood stained earth, shoe of right foot, pair of leather chappals and a green stripe towel were seized under seizure list (Ext.7). On 21/11/2008, the I.O. (P.W.9), having visited the spot, prepared the spot map (Ext.10). The stolen car and the mobile phone were seized under seizure lists, Ext.11 and Ext.3 respectively. On the prayer of the I.O (P.W.9) Test Identification Parade had been conducted inside the jail where the accused had been lodged. on completion of investigation, the Final Form was submitted placing this accused to face the Trial for commission of the offence under sec. 396/201 of the IPC.