DASIA KANIKA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants Dasia Kanika and Tanka Kanika faced trial in the Court of learned Addl. Sessions Judge, Rayagada in Criminal Trial No. 28 of 2005 for offence punishable under section 302 read with section 34 of Indian Penal Code for committing murder of Muna Kanika (hereafter the "deceased") on 28.11.2004 evening at Karlamada Dangar hillock in furtherance of their common intention.

(2.) ON 30.11.2004 at about 7.00 a.m. Jaga Kanika (P.W.2), father of the deceased who was a boy aged about 9 years came to Kumbhikata outpost along with Rupa Huika (P.W.9), Sarpanch of Kumbhikata Gram Panchayat and Jhadu Kanika (P.W.1), Ward Member and orally reported the matter in Kui language before the A.S.I of police, Kumbhikata outpost namely Raghunath Gouda (P.W.8). P.W.9 translated the Kui language to P.W.8 and accordingly P.W.8 reduced it into writing in Oriya and then the contents of the writings were translated to P.W.2 in Kui language by P.W.9 and he admitted the contents to be true and accordingly put his LTI and the same was treated as First Information Report (Ext. 1).

(3.) AFTER submission of charge -sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellants under section 302/34 of Indian Penal Code on 17.05.2005 and since the appellants refuted that charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.