PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Panda @ Maheswar Sanangi along with one Bisu Sanangi were charged under Sec. 302/34 of Indian Penal Code by the learned Ad hoc Addl. Sessions Judge, Fast Track Court, Keonjhar in S.T. Case No. 32/43 of 2012 for committing murder of one Sukura Danayak (hereafter 'the deceased') on 14.08.2011 at about 6.00 p.m. in village Rangadihi in furtherance of their common intention. They were also charged under Sec. 201/34 of Indian Penal Code for causing disappearance of certain evidences connected with the crime in furtherance of their common intention.

(2.) The prosecution case, as per the First information report (Ext. 1) presented by Routa Sanangi (P.W.1) on 18.08.2011 before the Officer in -charge, Kanjipani Police Station, in the district of Keonjhar is that the deceased was his father -in -law and on 14.08.2011 at about 3.00 p.m. the deceased had a quarrel with the appellant and co -accused Bisu Sanangi as he was suspected to be practicing witchcraft and both the accused threatened the deceased with dire consequence. When the informant and some of the co -villagers prevented the accused persons, they left the spot but again during evening hours at about 6.00 p.m., there was quarrel between the parties and the deceased was dragged by the accused persons towards the river which was seen by others and since then the deceased was not traceable. In that connection, the informant presented a missing report on 16.08.2011 in Kanjipani Police Station and the deceased was also searched. On 17.08.2011 evening, the cadaver of the deceased was found lying inside river Kakharua. The informant and other villagers guarded the dead body throughout the night and the First Information Report was presented in the morning. The informant suspected that on 14.08.2011 during the evening hours, the accused persons after killing the deceased might have thrown the dead body in Kakharua river. The dhoti which was worn by the deceased was found lying on the river embankment.

(3.) During course of investigation, P.W.12 examined the informant, visited the spot and prepared spot map Ext. 11. He seized dhoti of the deceased lying at the spot along with blood stained earth and sample earth and prepared seizure list Ext. 7. He also conducted inquest over the dead body and prepared inquest report Ext. 2. He sent the dead body to District Headquarters Hospital, Keonjhar for post -mortem examination. P.W.8 Dr. Padma Lochan Mahanta who was attached to District Headquarters Hospital, Keonjhar as O & G Specialist conducted post -mortem examination and opined the cause of death due to ante mortem asphyxia.