STATE Vs. MITU

JUDGEMENT

(1.) THIS is a reference under Section 366 of the Code of Criminal Procedure by the learned Additional Sessions Judge of Puri for confirmation of the sentence of death passed by him upon Mity alias Narsingh Prusty of village Baghuapasi under Dasapalla Police Station in the district of Puri. There is also an appeal by the condemned prisoner. Both the reference and the appeal have been heard together and will be disposed of by this judgment.

(2.) THE prisoner along, with his son Indramani Prusty, Wife Padma Dei, daughter Puna Dei and brother Basudeb Prusty were jointly tried for causing the death of Sudarsan Behera of village Digiri in furtherance of their common intention and for causing disappearance of the evidence of murder. After trial, the learned Judge acquitted accused Puna Dei and Padma Dei of all the charges framed against them. He convicted the prisoner under Section 302, Indian Penal Code and the other two accused, namely Indramani Prusty and Basudeb Prusty under Section 201, Indian Penal Code.

(3.) WHEN the deceased did not return home for two days his father Mulia Behera (Po W. 1) went to the house of the prisoner and enquired about his son. At his sight, his daughter -in -law Puna cried by covering her face with her cloth. Being asked about her husband she said that he had not come there. This aroused suspicion in the mind of P. W. 1 who went to Dasapalla Police Station and lodged a report (Ext. 2) on 2.2.1975 upon which a station diary entry was made by the Writer Constable (P. W. 9). He was directed by P. W. 9 to return to village Baghuapasi and to collect information about the deceased with the help of the two constables (P. Ws. 2 and 10) who had been posted there on patrol duty. Then P. W. 1 returned to village Baghuapasi and intimated the two constables who proceeded to the house of the prisoner and enquired about the deceased. It was alleged that while under arrest the prisoner made a statement before the constables that he had concealed the dead body of the deceased inside the stone cave of Kalasana forest. He led the police constables to the forest and pointed out the spot where the dead body was lying. P. W. 1 who accompanied the 'constables identified the dead body to be that of his son Sudarsan. Then the constables watched the dead body and sent the Gramarakhi (p. W. 6) with a report to be delivered at the Police Station. P. W. 18 B. N. Tripathy, the A. S. I. of Police received the report and treated it as F. I. R. He took up investigation and proceeded to the Kalasana forest. He found the dead body lying in the cave and held inquest over it. He despatched the dead body for post -mortem examination and recorded the statements of P. Ws. 1 and 2. Then he left for Baghuapasi. He seized a blood obtained wooden lathi (M.O.), a dhoti (M. O. X) and napkin (M. O. VIII) on production by the prisoner, He also seized a stick, some cloths and a plough -share on production by the accused Indramani Prusty. He further seized an up -rooted door leaf and a door frame (M. Os. III and IV) and some blood obtained earth from the wall of a room in occupation of the accused personsThen he forwarded the accused persons to the Court.