KUMI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Kumi @ Kumar Nahak having being found guilty of offences u/s. 302/506 (II) I.P.C. was convicted of those crimes and was sentenced to life imprisonment with a fine of Rs. 1,000/- and in default in payment of fine to serve additional imprisonment of six months on the first count and one year imprisonment on the second count by Additional Sessions Judge(FTC), Chatrapur, district Ganjam in Sessions Case No. 11 of 2003/Sessions Case No. 82 of 2003 (GDC) vide impugned judgement and order dated 12.12.2003, hence this appeal at the behest of the convicted accused appellant challenging the aforesaid decision. Trotting out the background facts which had it's genesis in nature's curse, it becomes manifest from the prosecution case unfurled during trial that village Baunsia Nuapalli under police circle Kabi Surya Nagar has a locality/lane Bauri Sahi. Nature's wrath broke out epidemic in that area resulting in untimely and premature deaths of many infants prior to the date of present incident (3.9.2002), which had sent jittery and deterrence amongst local inhabitants. Worsening to the suspicious fearful psyche was the theft of two He-goats purchased for the purposes of scared sacrifice for alleviating supernatural spirits. Local inhabitants were of the view that all the miseries were the result of some black magic and therefore in a conclave they decided to contact some foreteller and also to employ the services of a sorcerer to get rid of their misfortune. As decided one person from each house of the locality jointly approached one Ramesh Gosinhi of village Ramshaw and after having met him returned back to their village in the afternoon where they received information that youngest daughter of Santosh Nahak, elder brother of the appellant, expired due to dysentery at mid noon (12 a.m.). While such eerie situation had engulfed and persisted in the area, the misfortune dawned upon Sani Nahak, the deceased and mother of Soura Nahak the informant/PW5, who after performing some exorcism(Jhada-Phunka) in local dialect called Bhandari Atika, on her grandson, who was ailing, went to the village tank to dispose off the materials used in such Bhandari Atika(exorcism). While returning from the tank when Sani Nahak reached in the vicinity of her house near the house of one Ganapati Nahak, just four houses away from her residential abode, at 8 p.m. on 3.9.2002, that she was repeatedly assaulted by the appellant by Kati sputtering that it was she who had caused death of his niece (jhiari) by practising sorcery. When informant endeavoured to intervene and save the life of his mother, he was threatened with life and was chased to be assaulted and so the informant scampered inside his house and bolted the door to save his life. Appellant thereafter perambulated in a fit of anger challenging local inhabitants not to report the matter to the police and thereafter the situation subsided as the appellant left the incident scene. Informant/PW5 being terrified because of hurled life threatening intimidation could not muster enough courage to proceed for the police station during incident night itself and therefore following day morning he accompanied with Pitabash Padhi, village Gramrakhi tramped to the police station Kabisurya Nagar, at a distance of 13 KMs, where he orally dictated his FIR to O.I.C., Subash Chandra Panda/PW15, which was recorded at 8.10 a.m. and after verifying the contents that the informant had put his thumb impression on it which FIR is Ext. 8 and Ext. 8/2 is the formal FIR recorded as crime No. 111 of 2002 u/s. 302 I.P.C.

(2.) O.I.C. S.C. Panda/PW15 immediately embarked upon the investigation, dispatched constables Debakrar Swain/PW13 and constable Surjyanarayan Rath alongwith command certificate Ext. 5 to guard the cadaver of the deceased at the spot, examined the informant and Gramrakhi and slated their statements and then he came to the incident spot and sketched spot map Ext. 9. Witness Sukanti Nahak was examined and thereafter inquest over the corpse of the deceased was performed and inquest memo Ext. 1 was prepared. After examining inquest witnesses I.O. seized blood stained and plain earth vide seizure list Ext. 2 and then dispatched the dead body for post mortem examination along with dead body chalan Ext. 6 through Constables Debakrar Swain/PW13 and constable Surjyanarayan Rath and subsequent thereto other witnesses were examined and their statements were taken down. PW15/I.O. also requisitioned scientific team which had also visited the spot. On 5.9.2002 I.O. seized command certificate issued by him along with blood stained white saree, ornaments, waist thread and Karata of the deceased and prepared it's seizure list Ext 3. Ornaments were handed over to the informant through Zimanama Ext 10. Accused appellant voluntarily surrendered before J.M.F.C. Kodala on 6.9.2002. I.O./PW15 received autopsy report on 19.10 2002 and he also seized sample blood and hair of the deceased sent by the doctor vide Ext 4. Lantern, M.O.II, associated with the incident was seized vide Ext 11. Seized articles were dispatched for chemical examination vide forwarding report Ext. 12 and scientific officers report is Ext. 13. Investigation was called off by laying down a charge sheet against the appellant on the strength of which G.R. Case No. 209 of 2002 was registered against the appellant in the court of J.M.F.C. Kodala.

(3.) Autopsy on the cadaver of the deceased was performed by Dr. Sachidananda Mohanti/PW14, a professor, F.M.T. Deptt. M.K.G.C. Medical College, on 4.9.2002 at 4 p.m. who found following ante mortem injuries on the dead body:--