KADRAKA SITANA Vs. STATE

JUDGEMENT

(1.) THE two appellants and another were charged under Section 302/34, I. P.C. for having committed murder of one Bidika Jadumani by intentionally causing death in furtherance of their common intention, and under Sections 201/34, I. P.C. for having caused disappearance of the evidence of murder knowing or having reason to believe that murder had been committed, by burying the dead body with the intention of screening themselves from the legal punishment, in furtherance of their common intention. The third accused having died during the trial, the case proceeded only against these two appellants who have been convicted on both these charges and sentenced to rigorous imprisonment for life under Sections 302/34 and to rigorous imprisonment for four years under Sections 201/34, I. P.C. Both these sentences have been directed to run concurrently.

(2.) APPELLANT No. 1 is the father of appellant No. 2. On 1 -4 -1972 at about 7 p.m. they came to the courtyard of the deceased and called him to come out of his house. When the latter came out, they assaulted him with lathis indiscriminately. As a result of such assault, the deceased sustained bleeding injuries and fell down on the ground. Thereafter the appellants bodily lifted the deceased and carried him to the tobacco fleld of one Himirika Nai and furthej assaulted him there to death in which the third accused, who died during the trial, joined. They then carried the dead body towards Khargadpati jholla and buried him. The wife of the deceased (P.W. 3) informed P.W. 13 and other villagers about this occurrence, as her husband did not return that night. A panch was held in the village next day. The accused persons attended the panch and admitted of having killed the deceased, but did not disclose the place or manner of disposal of the dead body. P.W. 3 then went to her father -in -law and mother -in -law in village Chatorguda and informed them about the occurrence. They came to the village of occurrence and went to Khargadpati jholla seeking to find out the place of disposal of the dead body and then went to K. Singpur police station, which is at a distance of 40 K. Ms. from the village, and lodged first information report at noon on 4 -4 -72. The F. I. R. was recorded by the Officer -in -charge who then took up investigation. The Officer -in -charge made a requisition to the S. D. O., Rayagada for deputing a Magistrate for disinterring the dead body. After disinterring the dead body on 6 -4 -1972 in presence of the Magistrate (P.W. 2), he held inquest over it and sent it for postmortem examination. The post -mortem examination was held at 11 a. m. on 7 -4 -72 by the doctor P.W. 4. He seized two wooden pieces (M. Os. V and VI) from a place about 30 cubits from the place of burial under the seizure list Ex. 5/1. These wooden pieces were stained with blood. He also seized blood stained earth from the tobacco field of Himirika Nai as per seizure list Ex. 6/1. He also seized some vomits from the road in front of the house of the deceased under the seizure list Ex. 7/1. He seized M. Os. VII to X (which are respectively cloth, a torn silk, a crow bar and a spade) on production by appellant No. 1. He also seized blood stained earth from the place of burial as per seizure list Ext. 10/1. He arrested the accused persons on 6 -4 -1972. While in custody, the appellant No. 1 produced a bloodstained lathi (M. O. I) from the haystack which was seized as per seizure list Ext. 11/1. The third accused who died during the course of trial also produced M. Os. II and XII, both bloodstained, from his house while in police custody. He sent the seized articles for chemical examination and serological test. After receiving their reports (Exts. 18 and 19) he submitted chargesheet.

(3.) THE prosecution in bringing home the charge relies on the testimony of eyewitnesses, namely, P.Ws. 3, 10, 11 and 12, extrajudicial confession made to P.Ws. 8, 9, 10, 11, 12 and 13, judicial confession recorded on 11 -4 -1972 by the Magistrate P.W. 2 (Exts. 2, 2/1 and 2/2), the conduct of appellant No. 2 who while in police custody led to the recovery of the lathi (M. O. I) from the haystack which was found to be stained with human blood as per reports of the Chemical Examiner and Sexologist (Exts. 18 and 19), and the conduct of appellant No. 1 in producing the hawine shirt M. O. VIII from bia house while in police custody which has been found to be stained with human blood (as per Exts. 18 and 19), and the conduct of the accused persons in disclosing the place of burial to the police. The learned Sessions Judge discarded the judicial confession altogether holding the same to be inadmissible as only 3 hours had been given to the accused persons for reflection; but relying upon the evidence of the eye - witnesses and the conduct of the accused persons in giving discovery of the place of burial and in producing some murder weapons and other articles of clothing, all of which were found to be stained with human blood, convicted the accused persons as aforesaid.