KATHU KARUA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Kathu Karua in JCRLA No.58 of 2006 and the appellant Ramesh Apat in CRLA No.450 of 2005 along with co-accused Dadu @ Anil Patra faced trial in the Court of learned Adhoc Additional Sessions Judge (F.T.), Champua in S.T. Case No.109/79 of 2004-03 for offences punishable under Sec. 376(2)(g), 302/34 and 201/34 of the Indian Penal Code (hereinafter "I.P.C.") on the accusation that on 22/8/2002 at Kamarjoda tank under Joda police station, they committed gang rape on "BN" (hereinafter, "the deceased") and intentionally committed her murder in furtherance of their common intention and that knowing or having reason to believe that the offence of gang rape and murder had been committed, caused certain evidence connected with the said gang rape and murder to disappear by throwing the dead body near Kamarjoda tank inside the putus bushes with intention to screen themselves from legal punishment in furtherance of their common intention.

(2.) The prosecution case as per the first information report (hereinafter, "F.I.R.") (Ext.1) lodged by P.W.1 Pabitra Naik, the brother-in-law of the deceased on 23/8/2002 at about 9.15 a.m. before the Officer in-charge of Joda police station (P.W.10), in short, is that he had been residing at Banspani Coal Hutting since last twenty five years. On 22/8/2002 at about 3.00 p.m., he returned home after finishing his duties from S. lal Mines, Joda and at about 9.00 p.m., his mother-in-law Srimati Naik came to his house and told him that her daughter-in-law (deceased), who was also the sister-in-law (Sala bhauja) of P.W.1, had been to Kamarjoda in order to tie Rakhi to his God brother Surendra Mohanty at about 4.00 p.m. leaving her two children in the house, but she did not return home. Upon hearing this from his mother-in-law Srimati Naik, P.W.1 went to the house of Surendra Mohanty but came to know from him that the deceased had not come there and then he asked Bhuban Penthei and some other persons from the locality regarding the whereabout of the deceased but he could not ascertain any whereabouts of the deceased and then he returned to the house and slept. On the next morning i.e. on 23/8/2002 at about 6.00 a.m., P.W.1 got an information from one Geeta Munda (P.W.5) that a woman was lying unconscious inside the putus bushes below the ridges of Kamarjoda embankment. Then P.W.1 along with Rudra Gopa and Mohan Karua came to that spot and found the deceased was lying dead inside the putus bushes and she was in a naked condition and blood was oozing from her nose and eyes and that her napkin and chappals were lying at a little distance so also her plastic bag and Rakhies. Seeing the dead body of the deceased, P.W.1 strongly suspected that somebody had committed rape on her and then committed her murder. After returning from the spot, P.W.1 told the incident before his wife (P.W.4), his mother-in-law, P.W.5 and also before other villagers and then the villagers immediately rushed to the spot and made a scrutiny as to who committed the offence and in that process, the villagers suspected involvement of the two appellants in the crime and took them to Giri Babu (P.W.3), the village Mukhia. The appellants were interrogated by P.W.3 and other villagers about the occurrence and then the appellants were taken to the police station, but prior to their arrival, P.W.1 came with his wife (P.W.4) to the police station and orally reported the matter.

(3.) After submission of charge sheet, the case was committed to the Court of Session after complying due formalities. The learned trial Court framed charges against both the appellants and the co-accused as aforesaid and since the appellants and the co-accused refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.