PRAKASH BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) DSREF No.04 of 2024 is the reference under Sec. 366 of the Code of Criminal Procedure, 1973 submitted to this Court by the learned Additional Sessions Judge, Athmallik (hereinafter 'the trial Court') in C.T.(S) No.16 of 2018 for confirmation of death sentence imposed on Prakash Behera @ Babuli and Nandakishore Sethi @ Ranja (hereinafter 'the appellants') vide judgment and order dtd. 27/9/2024. CRLA No.1166 of 2024 has been filed by appellants, namely, Prakash Behera and Nandakishore Sethi challenging the self-same judgment and order of conviction passed by the learned trial Court.

(2.) The prosecution case, as per the first information report (hereinafter F.I.R.) (Ext.14) lodged by P.W.9 Susant Nayak, in short, is that the deceased Biranchi Naik was his elder brother, deceased Tarani Naik was his sister-in-law (bhauja), being the wife of deceased Biranchi Naik and the deceased Ekalabya Naik was his nephew, being the son of deceased Biranchi Naik and Tarani Naik. On 9/10/2017 night at about 8.00 p.m., the three deceased persons were present in their house. On 10/10/2017 (Tuesday) morning at about 8.00 a.m., P.W.9 found the deceased Tarani Naik was lying dead in her house premises having cut injury on her throat, however P.W.9 could not trace out his deceased brother and nephew.

(3.) During the course of investigation, P.W.41 examined the informant (P.W.9), engaged one constable to guard the dead body of deceased Tarani Naik at village Gambharimaliha and then he informed the fact to the S.D.P.O. and also the Superintendent of Police over telephone for deputation of scientific team to the spot. P.W.41 along with his staff visited the first spot at 12.00 noon and examined some witnesses. At about 12.40 p.m., the Scientific Officer (P.W.40) arrived at the spot along with police dog. The I.O. (P.W.41) along with the informant (P.W.9) took the Scientific Officer (P.W.40) to the Harada field, which was located in front of the house of deceased Tarani Naik where the dead body of the deceased was lying in a pool of blood with throat cut injury and P.W.9 identified the dead body to be that of the deceased. P.W.41, the I.O. then took P.W.40 to the house of deceased Tarani Naik where he found a pool of blood beneath the window at outer side. P.W.41 prepared the 1st spot map vide Ext.45 and at 1.35 p.m., seized seven household articles in broken condition in presence of the witnesses vide seizure list Ext.46 and examined the seizure witnesses and recorded their statements. P.W.41 conducted inquest over the dead body of the deceased Tarani Naik in presence of the witnesses and prepared the inquest report Ext.15 and examined the inquest witnesses. At spot no.1,