SURESH DANDSENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant by filing this Appeal from inside the jail has challenged the judgment of conviction and order of sentence dtd. 7/7/2005 passed by the IInd Adhoc Additional Sessions Judge, Sundargarh in Sessions Trial No.200/27 of 2004-2005 arising out of G.R. Case No.559 of 2003 corresponding to Lephripara P.S. Case No.64 of 2003 of the Court of the learned Sub-Divisional Judicial Magistrate, Sundargarh. Accordingly, the Appellant (accused) has been sentenced to undergo imprisonment for life for commission of offence under Sec. 302 of the IPC; and rigorous imprisonment for five (5) years and pay fine of Rs.5,000.00 (Rupees Five Thousand) in default to undergo rigorous imprisonment for a further period of six months for commission of offence under Sec. 201 of the IPC with the stipulation that the substantive sentences shall run concurrently.

(2.) Prosecution Case:- Accused-Suresh Dandsena had some illicit affairs with a lady 'X' of his village. One Basant Kalo informed the brother of that 'X' regarding the said affair. So, 'X' was scolded and warned by her brother. When it came to be known that Basant had passed on the information about the said affair of 'X' with the accused-Suresh, accused-Suresh with another namely Premananda (since acquitted) who happens to be his cousin brother went to the house of Basant. But then they found Basant to be absent in the house. So, they threatened Basant7s wife that unless Basant would refrain from interfering in the personal affairs of accused-Suresh, he would face dire consequences. Both accused Suresh and that Premananda had also so threatened Basant in the village. In the evening of 2/11/2003, which was 3/4 days after the said threat, Basant had gone to Pandripani Nala near his village in order to catch fish by using Churia. When he left the house, he had instructed his wife that after coming from Nala, they would store the paddy crops. Basant however did not return during that night. His wife remained under the impression that Basant might have gone near his other wife and therefore, did not go for search. Basant did not return on the next day even by 11 am. This gave rise to a suspicion in the mind of the wife of Basant about some foul play and her suspicion was directed against the accused persons since few days before they had threatened Basant with dire consequences. When the wife of Basant was going towards the Nala in search of her husband, she met one Gopal Choudhury who is the one of the brothers of that lady 'X'. She then divulged before him that Basant had not returned from Nala where he had gone on 2/11/2003. Gopal Choudhury volunteered to accompany wife of Basant. Accordingly, both went to the Nala. They found the Churia and also budia (axe) and a pair of slippers belonging to Basant. Fallowing a dragging mark, when they proceeded towards south, there one place, they found Basant lying dead in a ditch, in a pool of blood with injuries over his head and neck. Wife of Basant then came back to the village with Gopal. Villagers were informed who then came and saw the dead body. Wife of Basant namely, Malli, Kalo, (Informant-P.W.3), thus raising suspicion against this accused and that Paramananda as to their involvement in causing murder of Basant, orally reported the matter before the Officer-In-Charge (OIC) of Lephripara Police Station. The OIC (P.W.9) reduced the same into writing and read over and explained the contents of the same to the Informant (P.W.3), who then put her thumb impression. The same being treated as F.I.R., (Ext.3) the investigation commenced after registration of the case.

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.9) examined the Informant (P.W.3) and other witnesses. Having visited the spot being accompanied by the village Choukidar and one Constable, the I.O. (P.W.9) prepared the spot map (Ext.5). He recovered one pair of slippers, one budia (axe) and one Churia at the place of occurrence and seized the same under seizure list (Ext.4). The I.O. (P.W.9) collected sample earth and blood-stained earth from the spot where the dead body was lying and those were seized under seizure list (Ext.7). He held inquest over the dead body of the deceased and prepared the report (Ext.8) in presence of the witnesses. The dead body of the deceased was sent to the District Headquarter Hospital, Sundargarh for postmortem examination by issuing necessary requisition. The I.O. (P.W.9) after collection of all those materials, arrested the accused. The incriminating articles seized from the spot were sent for chemical examination through Court. The wearing apparels of the accused-Suresh have been seized under seizure lists. The wearing apparels of the deceased were also seized on production by one Constable, A.C. Patel and prepared seizure list Ext.2 was prepared. The postmortem examination report of the dead body of the deceased was received. On transfer of the I.O. (P.W.9), he handed over the charge of investigation to his successor in office, who, on completion of investigation, submitted the Final Form placing the accused persons, Suresh Dandsena and one Premananda Dandsena, to face the trial for commission of offence under Sec. -302/201/34 of the IPC.