RAGHUNATH BADAKUMAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The four appellants have been convicted under section 302, read with section 34, Indian Penal Code, and each one of them has been sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case may be briefly stated. Deceased Mangulu Mandal belonged to village Nilakuti and was working as a teacher in the D.P. School at Balipanka. On 17.12.80 the deceased went to village Mohana to collect his salary from P.W. 8, the Sub-Inspector of Schools. After nightfall, the deceased was returning to his village with his bicycle when on the forest road, the four appellants caught hold of him and on account of the axe blows given by appellant Sun a Majhi, the deceased was killed at the spot. The appellants thereafter carried away the wrist-watch, three gold rings, a torch-light and cash being carried by the deceased. On that day P.W. 5, the widow of the deceased, had sent two field servants, P.W. 9 and one Menga, to escort her husband back to the village. P.W.9 and Menga had accompanied the deceased upto some distance but thereafter the deceased sent them back along the foot-path while he himself chose to come back on his bicycle on the main road. P.W. 9 returned to the house of P.W. 5 and informed her accordingly. However, as the deceased did not return home till late at night, P.W. 5 accompanied by P.W.9 and others went in search of the deceased and found that at Abar Ghati, the deceased was lying dead with multiple injuries on his person. P.W. 5 next went to the Police Outpost at Chandragiri where she lodged the First Information Report with Shri J.B. Rao, Assistant Sub-Inspector of Police at about 1.00 a.m. on 18. 12.1980. P.W. 13, the then Officer-in-charge of Mohana Police Station, registered the present case at 10.00 a.m. at the Police Station and took up investigation. Ext. 13 is the formal F.I.R. The dead body was sent for post-mortem examination and some articles were seized by P.W. 13. During investigation the services of a police dog were requisitioned. The four appellants were arrested on 4.1.1981. After completion of investigation charge-sheet was submitted against the four appellants who were next committed to the Court of Sessions for trial.

(3.) At the trial, the four appellants were charged under sections 302/34, 379/34 and 506/34, I.P.C., 14 witnesses were examined on behalf of the prosecution and none on behalf of the defence. The defence plea is one of complete denial. In their statements recorded under section 313 of the Code of Criminal Procedure, the appellants have denied all the allegations made against them. The learned Additional Sessions Judge who tried the case found the appellants not guilty for the offences under sections 379/34 and 506/34, Indian Penal Code and acquitted them of the said charges, but found them guilty under section 302/34, Indian Penal Code, and convicted and sentenced them as noted above.