RENGTA TIRKEY Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two appeals, one through the Superintendent, Jail and the other directly in court by the same appellants arise out of a judgment of conviction for the offence under section 302 read with section 34 and section 323 read with section 34 of the Indian Penal Code. For the former offence sentence of life imprisonment has been awarded. No separate sentence has been awarded for the latter offence.

(2.) Prosecution story as disclosed from the F.I.R. lodged by the injured P.W. 1 is that on 25.3.1990 he along with Ranjit Sahoo (deceased) and others had been to Biramitrapur to witness Me/a. At the evening hour he and Ranjit got down from bus at Vedabyas and went to the house or Munia Tirkey at village Lungei. Ranjit had secret relationship with Munia. Reaching her house, they engaged in conversation with Munia when at about 11 p.m. her brother Rengta (appellant No. 1), sisterTs husband Bijia (appellant No.2) and neighbour Rama (appellant No.3) approached them with thensgas and sticks and asking them why they had come, assaulted not P.W.1 and Ranjit. Thereafter they made them naked, brought them out of the house and commanded them to run. When P.W. 1 and Ranjit started running, they were chased. P.W. 1 concealed near a bush till the morning when he picked up a torn cloth from roadside and returned home. The dead body of Ranjit was spotted in the morning of 27.3.1990 inside a Eucalyptas grove near village Lungei wit multiple injuries on his person. It is alleged that the three appellants assaulted Ranjit to death for his illicit relationship with Munia. The appellants took the plea of denial.

(3.) Relying on the direct evidence of P.W. 1, medical evidence of the doctors P.Ws. 5 and 11 and the fact of seizure of some blood-stained apparels from the possession of the appellants, the impugned judgment of conviction has been passed.