ADIKANDA JAGADALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is against the judgment dated 17.01.2002 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 39/24 of 2000 convicting the Appellant for the commission of offences punishable under Ss. 302, 436 and 201 of the I.P.C. and sentencing him to undergo life imprisonment for the offence under Sec. 302 of I.P.C.; R.I. for 7 years with fine of Rs. 1,000/ -, in default to undergo R.I. for one year, for the offence under Sec. 436 of I.P.C.; and R.I. for 3 years with fine of Rs. 500/ -, in default to undergo R.I. for 6 months, for the offence under Sec. 201 of I.P.C. with further order that the sentences shall run concurrently but the Accused -Appellant shall not be set at liberty before he serves out 20 years of imprisonment.

(2.) In this case three persons have been killed. F.I.R. story, in short, is that deceased Radhika Surujal was the widow of Late Pabitra Surujal. They had three daughters, namely, Babita, Basanti and Basmati. About ten years preceding the incident the Appellant, who belongs to Village -Baghapalli came to stay with widow of Late Pabitra Surujal in her house at Village -Krushna Nagar. Deceased Radhika and the Appellant lived together as husband and wife. The youngest daughter of Radhika, who was unmarried, also lived with them. The other two daughters were already married. On 6.1.2000 deceased Basanti, the middle daughter of Radhika, came to her parental house to witness "Baula Amabashya Jatra" being celebrated in Village -Baghapalli. The occurrence took place in the night intervening 12.2.2000 and 13.2.2000. Till then, Deceased Basanti was staying in her parental house. On 12.1.2000 at about 8.00 P.M. some of the villagers had seen Radhika, Basanti, Basmati and the Appellant together in their house. Early morning at about 4.00 A.M. the informant, a Grama Rakhi, saw Radhika's house on fire. He raised alarm and, with the help of some of the villagers, extinguished the fire. Entering inside the house, they found half burnt dead bodies of Radhika, Basanti and Basmati lying, whereas they did not find the Appellant either in that house or near around the spot.

(3.) F.I.R. was lodged on 13.1.2000 at 8.30 A.M. Soon thereafter Investigating Officer visited the spot, recorded statements of witnesses, conducted inquest over the dead body, seized various articles such as half burnt straw stained with blood, sample earth, bloodstained earth and some half burnt household articles and sent the dead bodies for post -mortem.