STATE OF ORISSA Vs. PITAMBAR GOIPOI

JUDGEMENT

(1.) Both the matters, i.e., the Death Sentence Reference and the Jail Criminal Appeal, arise out of the judgment dated 3.8.2015 passed by the learned Sessions Judge, Jajpur in C.T. No.101 of 2010 arising out of G.R. Case No.136 of 2010 in the file of J.M.F.C., Jajpur Road. The sole convict in the said C.T. Case has been found guilty of kidnapping the deceased (a minor) and killing him for the sake of giving human sacrifice, besides causing disappearance of evidence of commission of the offence of murder. He has been sentenced to death for the offence under Section 302 I.P.C. No separate sentence is passed for other offences.

(2.) The F.I.R. story is that on 11.2.2010 night at about 2.00 A.M. the informant's eight year old son, namely, Srikanta Bage (the deceased) went missing from a place near Matha Chhak where one Opera show was in progress. To that effect a report was made in Sukinda Police Station. The informant was in search of his son but did not get any clue to trace him out. On 17.2.2010 at about 3.00 P.M. one Lingaraj Munda of village Ichhapur met the informant in Mangalpur Hat and told that he could show the informant his missing son. Thereafter, both of them proceeded to one 'Nala' near village Ichhapur. Near that 'Nala' there was a heap of earth which was pointed out by said Lingaraj telling the informant that his son would be available under the heap of earth. The informant dug out earth and at last found one bag buried under the earth. The headless dead body of informant's son, with his hands and feet tied, was found in the bag. Thereafter, the informant lodged F.I.R. in Sukinda Police Station.

(3.) In course of investigation, witnesses were examined. The headless body was recovered from under the ground near the 'Nala'. Thereafter, with the help of a sniffer dog the severed head of the child was disinterred from inside the Matha. After the arrest of the convict and basing on his disclosure statement the weapon of offence, the wearing apparels of the convict and the implements used for digging earth were recovered from the place of concealment, i.e., convict's cattle shed. Post mortem of the dead body was conducted. The seized articles were sent for chemical examination. On completion of investigation, charge-sheet was submitted on 28.3.2010 under Sections 364/302/201 of I.P.C. The case was committed to the Court of Sessions on 13.4.2010. Since the convict was not in a position to engage his own counsel, the Sessions Court engaged a State Defence Counsel. Charges were framed on 12.9.2011. In course of trial, prosecution examined as many as 22 witnesses but the defence declined to adduce any evidence.