CHAMSINGH MARAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25.02.1997 passed by learned Sessions Judge, Sundergarh in Sessions Trial No. 4 of 1995 convicting the Appellant under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) CASE of the prosecution is that on 15.08.1994 at about 4.00 p.m., there was a quarrel between Chamsingh Marai (Appellant) and his sons Pitambar and Rajansingh (who were also accused persons before the Court below) on one hand and Nanki Marai (deceased) on the other. In course of the quarrel, the aforesaid three persons caught hold of Nanki Marai, tied his hands and legs and laid him on the ground. Accused -Appellant Chamsingh Marai pressed the neck of Nanki Marai with his leg, as a result of which Nanki died at the spot. Thereafter, they removed the dead body of Nanki to the nearby jungle and burnt the same. After the incident, Tilmet Bai (P.W.9), the widow of the deceased, was threatened by accused -Appellant Chamsingh Marai with dire consequences if she dared to report the incident to police. Out of fear, she did not inform the police about the incident. Subsequently, Ram Nath (P.W.6), who is the nephew of the deceased, came to know about the murder of Nanki, he came to the deceased's village and inquired from P.W. 9 and getting information from her, he approached the Gountia of the village, who convened a meeting in the village, which was attended by most of the villagers including the accused persons. In the said meeting, accused -Appellant Chamsingh Marai confessed before the villagers about the murder and cremation of the dead body. After the meeting, P.W. 6 went to Lephripara police Station and orally reported the matter, which was reduced to writing. On the basis of such information, investigation was taken up. On completion of the same, charge -sheet was submitted against the accused -Appellant and his above named two sons for the offences under Sections 302/201, I.P.C.

(3.) IN order to prove its case, prosecution examined as many as twelve witnesses and proved eight exhibits. The defence also examined two witnesses to substantiate its plea. The learned Sessions Judge, Sundergarh, who tried the case, by his judgment dated 25.02.1997, convicted the Appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. He, however, acquitted the other two accused persons of the charges.