JOGENDRA SOY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since both these appeals as at (A) and (B) filed by the respective Appellant are directed against the judgment of CRLA Nos.644 of 2011& 582 of 2012 conviction and order of sentence passed by the learned District Judge, Mayurbhanj, Baripada in S.T. Case No.64 of 2010 arising out of G.R. Case No.319 of 2009 corresponding to Mahuldiha P.S. Case No.30 of 2009 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Karanjia., those were heard together for disposal by this common judgment. The Appellants have been convicted for commission of the offence under Sec. 302/201/34 of the Indian Penal Code, 1860 (for short, 'the IPC') and they have been sentenced to undergo imprisonment for life and pay fine of Rs.2,000.00 each in default to undergo rigorous imprisonment for two months for the offence under Sec. 302/34, I.P.C.

(2.) Prosecution case as it reveals from the First Information Report (F.I.R.-Ext.4) is that the deceased, who happens to be the sister of the Informant (P.W.7) having tried to establish her marital life had failed on three occasions. Sometime around the year 2006, the deceased was residing in the house of her relatives and earning her livelihood by working as a daily wager. The accused persons are the co-villagers of the Informant (P.W.7). They had some misunderstanding with the deceased with regard to repayment of the hand loan taken by them from the deceased. About 12/13 days prior to 5/11/2009, the deceased was residing in the house of her paternal uncle (P.W.2). On 3/11/2009 evening, CRLA Nos.644 of 2011& 582 of 2012 she went to see the village festival at Mituani. However, she did not return therefrom. So, her brother (P.W.5) and other relatives went in search of her. On 5/11/2009, P.W.8, the cousin of P.W.5 disclosed that on 3/11/2009 the accused persons had committed the murder of the deceased and had thrown her dead body in the nearby forest. The Informant (P.W.5) and other villagers then went to the forest and detected the dead body of the deceased lying therein. The Informant (P.W.7) then have lodged a written report (Ext.4) with the Officer-In-Charge) (O.I.C.-P.W.9), Mahuldiha Police Station.

(3.) The OIC (P.W.9), receiving the written report from Informant (P.W.5), treated the same as FIR and registering the case, took up investigation. The Investigating Officer (I.O-P.W.9) examined the informant (P.W.7) and other witnesses. He also requisitioned the service of the members of the scientific team. He held inquest over the dead body in presence of witnesses and prepared the report (Ext.3). The dead body was sent for post mortem examination by issuance of necessary requisition. He also seized the yellow colour saree and one bamboo basket from the spot and prepared the seizure list (Ext.7). The scientific team collected the blood stained earth, sample earth, one pair of violet colour lady chapel, a handkerchief and one ear top from the spot. The I.O (P.W.9) in course of investigation having seized several CRLA Nos.644 of 2011& 582 of 2012 incriminating articles under seizure lists had sent those for chemical examination through Court. On 7/11/2009, the accused persons were arrested by the I.O. Finally on completion of investigation, the Final Form was submitted placing this accused persons to face the Trial for commission of offence under Sec. 302/201/34 of the IPC.