BASISTA JANI Vs. THE STATE

JUDGEMENT

(1.) THE Appellant Basista Jani is one of the three accused persons who were jointly tried for having committed the murder of Dhanasingh Jani of village Raniganj under Hara bhanga P.S. in the district of Phulbani on 28 -4 -1970 and having caused disappearance of the evidence of murder by cremating the dead body on 29 -4 -1970. All the three accused persons stood charged under Sections 302 and 201, both read with Section 34, Indian Penal Code. The Appellant was also charged separately for the substantive offence under Section 302, Indian Penal Code. He has been convicted under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life. He has also been convicted under Section 201, Indian Penal Code, but no separate sentence has been awarded for this offence. Accused Bhakta Dehuri and Kashinath Dehuri have been acquitted of all the charges under benefit of doubt. The State has not appealed against the order of acquittal. Therefore, the same has become final.

(2.) THE accusation against the Appellant was that he had ill -feeling with the deceased Dhanasingh Jani regarding enjoyment of the lands of the village deity and prior to the date of occurrence he had threatened him that if he continued to work as priest of the village deity he would be killed. On 28 -4 -1970 the deceased went in the company of the Appellant and the accused Bhakta Dehuri to take bath in a tank, but did not return home. His wife Aruna Bewa p.w. 8 began to search in the evening, but could not trace him. On the next morning the dead body of the deceased was found floating in a tank locally known as Kalabandha which is at a distance of about two furlongs from the house of the deceased. His ears, nose, tongue and private organ had been cut, both the eye balls had been removed, the skull had been fractured and a wooden peg had been thrust inside the anus. After the dead body was recovered from the tank, the Appellant gave out to the villagers that the death of the deceased was only a natural death. He prevented the villagers from having a look at the dead body and took a leading part in cremating the same. He also threatened p.w. 8 not to lodge information with the police about the incident. During the absence of the Appellant from the village, p.w. 8 went to the police Out -post and lodged F.I.R. on 18 -5 -1970. In course of investigation, the police seized a blood stained Dhoti from the house of the Appellant which, on serological test, was found to contain human blood.

(3.) THAT the death of the deceased was homicidal admits of no doubt. This is amply borne out by the evidence of p.ws. 1 and 8 who identified the dead body after it was recovered from the tank and found that its ears, nose, tongue and the private organ had been cut, the skull had been fractured and a wooden peg had been thrust inside the anus. Their evidence sufficiently establishes the fact that the deceased died as a result of the injuries sustained.