KRUPASINDHU DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT -Krupasindhu Dash was prosecuted by learned Ad hoc Additional Sessions Judge (FTC), Balangir at Patnagarh in Sessions Case No. 89/37 of 2009 (State v. Krupasindhu Dash) for intentionally committing murder of his father -in -law - Murali Dash and concealment of his corpse punishable under Sections 302/201 of the I.P.C. and finding the guilt of the appellant too well anointed, learned trial judge convicted him for both the charged offences under Sections 302/201 I.P.C. and sentenced him for imprisonment for life with a fine of Rs. 4000/ - (Rupees four thousand) and in default of payment thereof, to undergo further R.I. for one year on the first count and one year R.I. with a fine of Rs. 1000/ - (Rupees one thousand) and in default of payment thereof to serve three months additional imprisonment for the second count. Both the sentences were directed to run concurrently vide impugned judgment and order dated 29.03.2011, which decision has now been questioned in the instant appeal by the convicted appellant.

(2.) THE background facts as were slated in the FIR Ext. 1, divulged during the investigation and deposed during the trial by the fact witnesses reveal that one Krushna Dash resident of village Kangaon had three sons, namely, Murali Dash (deceased), Bihari Dash/PW 2 and Sanu Dash/PW 18. Kanti Dash/PW 3 is the daughter of Murali Dash (deceased), who was married to the appellant resident of village Kutapali but since 5 or 6 years prior to the present incident she along with the appellant and children were residing with the deceased in village Kangaon. Informant Bhojaraj Dash/PW 1 is the son of Bihari Dash/PW 2 and hence, he is nephew of the deceased. The deceased was a beggar as he earned his livelihood by begging whereas the appellant Krupasindhu Dash was a carpenter by profession. Because of family feud between the deceased and the appellant that the deceased had left his house at Kangaon and had settled in an erected hut in village Benkera on a piece of land donated to him by Bilash Singh Bariha/PW10 father of Drubdal Bariha/PW7 since three years prior to his murder and was earning his livelihood by begging, albeit he used to visit his residence in village Kangaon on his cycle frequently.

(3.) TEN days prior to Nabanna, a festive occasion, appellant quarreled with the wife/PW3 for money and the wife assured him that she will ask for money from the father/deceased. Later on when the father came to his house in village Kangaon, PW3 informed him about the demand raised by the appellant but the deceased expressed his inability to fulfill the demand albeit he told that he will pay next day Rs. 1000/ -(Rs. One thousand only) after mortgaging ornaments of his wife, mother of the PW3. On his return to the house, the appellant inquired from PW3 regarding money and after being informed about what the father/deceased had told to PW3, he became infuriated and at 3 a.m. in the dawn set ablaze the attires of PW3 and the ration card and left the house when PW3 told him to call her relatives. Following day, when the deceased visited his house in village Kangaon, PW3 showed her burnt attires and the card to him and narrated the earlier episode, on which deceased told her that he will come on following Wednesday to attend "Nuakhai". Appellant returned to the house that night and inquired about the payment and on being informed about the conversation between the father and the daughter that he became enraged with anger and hurled a threat by uttering that he will see how he (father -in -law) enjoys meal of "Nuakhai". A day prior to "Nuakhai" father did not visit his house in village Kangaon and hence PW3, accompanied with Sushanta, went to village Benkera to look for him but she found the cottage door locked and father absent and after her return from Benkera, PW3 informed about missing of her father to PW2, her uncle. Even on "Nuakhai" day father did not come to village Kangaon and consequently, sensing some untoward happening, informant/PW1 nephew of the deceased, accompanied by Ram Prasad Mahanand/PW 4, Dayakara Das/PW5, with another lock and key, went to the village Benkera to search for Murali Das, the deceased. They contacted the villagers and owner of the piece of land and then broke open the lock of the hut where the deceased was residing and to their uttered dismay they found the house hold articles scattered and the Gullack (earthen pot to keep money) broken. Deceased, could not be traced out in the village and therefore, his hut was again locked by the carried another lock and key. Appellant too was found missing since a day prior to "Nuakhai". On 5.9.2008 a rumor floated in the area regarding recovery of dead body by the side of Suktel River at Luhuren ghat and consequently at 3.00 p.m. informant and other villages went to the recovery spot and identified the dead body to be that Murali Dash(deceased), from the ring in the hand, ear ring and Rudrakhya Mali, which the deceased used to wear. The other villagers of Kangaon also identified the dead body to be that of Murali Dash, the deceased.