MALIK ABDUL SALEM Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two appellants and one Sansari Sahu (since acquitted) were tried in the court of the Sessions Judge, Puri, and were charged under Ss. 302/34 and 201 IPC. Appellant No.1, Malik Abdul Salem, was also specifically charged u/ s. 302, IPC for committing murder of Saroj Bhujabal. The allegation against them was that they committed murder of one Saroj Bhujabal, a boy, in furtherance of their common intention and thereafter placed the dead body in the drain under the cabin of P. W. 2 with the intention of screening themselves from legal punishment. The learned Sessions Judge found the two appellants guilty and convicted them under S.302, IPC and sentenced them to imprisonment for life. He also convicted them under S.201, IPC, but no separate sentence has been awarded. Sansari Sahu has been acquitted.

(2.) Prosecution case briefly stated is as follows: - The main road running from Khurda to Daspala passes through the town of Nayagarh. On either side of the road in the town of Nayagarh there are residential houses, government offices, hospital and shops etc. In between the compound wall of the hospital and the main road, there is a big drain. Appellant No.1 had a cabin by the side of the drain where he was selling cloths and his shop was known as Khadi Bhavan. Sansari Sahu hnd another cabin where he was selling tea and tiffin. P.W.2, Prasanta Kumar Pradhan, had another cabin nearby. On 20th April, 1981 at about noon one Basant Kumar Satpathy informed P. W. 2 at his residential house that the dead body of a young boy was lying in the drain. P. W. 2 went to Nayagarh police station and reported the matter there vide Ext. 1. P. W. 1, the Sub-Inspector of Police, went to the place at about 4.00 p.m. and inquired into the matter. The dead body was brought out from the drain and P. W. 1 made inquest over the dead body. He sent the dead body for post-mortem examination. The maternal uncle of the deceased (P. W. 5) identified the dead body as that of Saroj Bhujabal and subsequently P. W. 4, the father of the deceased, also identified the same. After receipt of the post-mortem report on 22-4-1981, P. W. 1 on his own information registered Nayagarh P. S. Case No. 54/81 at 10.30 a.m. vide Ext. 4. He conducted investigation into the case, examined some witnesses and made some seizure and thereafter handed over the charge of investigation to P. W. 10, another Sub-Inspector of Police, on 23-4-1981 as per the order of the Deputy Superintendent of Police. P. W. 10. during the course of investigation seized some blood stained articles, examined witnesses and arrested the accused persons. After completion of investigation, charge- sheet was submitted against the three accused persons.

(3.) In order to prove the case, prosecution examined ten witnesses. P. Ws. 1 and 10 are the police officers who investigated into the case. P. W. 2 had informed the police about the dead body lying under his cabin. P. W. 3 is the doctor who conducted post-mortem examination over the dead body of the deceased. P. Ws. 4 and 5 are the father and maternal uncle respectively of the deceased who identified the dead body. P. W. 6 is a friend of the deceased who has stated that the deceased was alive till 8.00 p.m. on the 17th April 1981. P. W. 7 is a witness through whom the prosecution wanted to prove about the carrying of the dead body by the three accused persons, but he did not say so in court and was cross-examined by the prosecution. P. W. 8 sought to prove that accused Malik Abdul Salem gave him a bottle containing some liquid substance, probably Ether, for handing over the same to his (appellant No. 1's) brother. P. W. 9, a friend of the deceased, is the only eye-witness to the occurrence.