KISUN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant faced trial with two other persons in S.T. Case No.18/105 of 2001 in the Court of learned Additional Sessions Judge, Rairangpur for committing murder of one Sadhu Das in village Badasia under Bahalda Police Station of Mayurbhanj district. By judgment passed on 18/12/2001, the trial Court, while acquitting the other two persons, convicted the appellant for the offence under Sec. 302 IPC and sentenced him to undergo imprisonment for life.

(2.) Being aggrieved, the appellant has preferred the present appeal.

(3.) The prosecution case, briefly stated, runs as follows:-On 3/1/2001, in village Badasia, a dead body was found floating in the village tank. One, Bishnu Halda informed the Grama Rakhi of the above. Hearing this, the Grama Rakhi along with other persons of the village went to the tank and found a cycle parked in the middle of Chatani Sahi road. A plastic sack containing rice was kept in its carrier along with a pair of slippers tied to it. A bag containing some vegetables also hung from the handle. No one came forward to claim the cycle. A crowd had gathered on the embankment of the tank. Marks of dragging along with blood were seen near the field of Padmini Halda along with dried blood at several places. A blood stained steel glass was also lying nearby. In the eastern portion of the tank, a pant and a shirt were found floating. In the western side, in about knee deep water, a corpse was floating. Being advised by the Sarpanch, the Grama Rakhi, Laxminarayan Patra went to Jamda Police Station and lodged F.I.R. On such report, Bahalda P.S. Case No.01 of 2001 was registered under Sec. 302 of IPC, followed by investigation. In course of investigation, said dead body floating in the village tank was identified to be of Sadhu Das. Further, during the investigation, the complicity of the appellant and two other persons namely, Nauru Bage and Marda Bage came to light for which charge-sheet was submitted against them under Ss. 302/34 IPC.