BHAGABAN KIRSANI Vs. STATE

JUDGEMENT

(1.) The three appellants stand convicted under S.302 read with S.34 of the I.P.C. (for short, the 'Code') for having committed the murder of Champa (hereinafter referred to as the 'deceased') on June 1, 1982, in a jungle and under S.201 read with S.34 of the Code for removing the dead body of the deceased and throwing it elsewhere. Each of the appellants has been sentenced to undergo imprisonment for life for their conviction under S.302 read with S.34 of the Code and to undergo rigorous imprisonment for a period of three years for their conviction under S.201 read with S.34 of the Code.

(2.) To bring home the charges, the prosecution had examined eleven witnesses including Sukra Paiko (P.W.5) who was said to be a witness to the occurrence. The plea of the appellants was one of denial. The appellant Mathura had claimed her ownership in respect of the ornaments (M.Os. I to VI) which, as the prosecution sought to establish, belonged to the deceased and had been recovered from the possession of this appellant in the course of investigation. The learned Sessions Judge accepted the prosecution case based on its evidence.

(3.) Mr. Y.S.N. Murty, appearing for the appellant Bhagaban Kirsani and Mr. Rangadhar Behera, appearing amicus curiae for the appellants Subaram Nag and Mathura Paikani, have challenged the findings recorded against the appellants as unfounded on the evidence on record and they have submitted that their conviction cannot legally be sustained. Mr. A. Rath, the learned Additional Standing Counsel, has not seriously pressed into service the highly unreliable evidence of the sole witness (P.W.5) and in our view, rightly so, but has contended that as the appellant Mathura was last seen with the deceased and some ornaments belonging to the deceased had been recovered from her person, she could be held guilty of the charge of murder.