SUBAS SABAKHIA BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Subas Bhoi, Dukhbhyam Baral and Udia Bhoi the three appellants, have been convicted under section 302/34 I.P.C. and sentenced to imprisonment for life. Accused Fakir Rout who was also tried along with the appellants has been found not guilty and acquitted of all the charges.

(2.) Prosecution case may be briefly stated. The appellants belong to neighbouring villages situated near Malatipatpur railway station. Subas and Dukhishyam used to work in the coal depot of Sindhu Samartha near village Batagaon. Deceased Bhaba Behera aged about 30 years, had been working in a Gulf Country and had come home on leave in the month of Kartik or Margasira, 1982. During the night between 10-1-1983 and 11-1-1983 at about 11.00 p.m. the deceased and his recently married wife, Sasi Dei, were found sitting in a room of the coal, depot of Sindhu Samartha along with appellants Subas, Dukhishyam and Udia. Early next morning Subas and Dukhishyam spread the news in the neighbourhood that a man and a woman had been run over by a train on the railway line the previous night. The dead body of Bhaba was found on the railway track and the dead body of Sasi Dei was found under a bush. It a short distance from the place where the dead body of Bhaba was lying. P.W. 19, Assistant sub Inspector of Police, was attached to the Pun G.R.P. at that time. On 11-1-1983 at 9.30 a.m. he received a report from the Assistant Station Master, Pun that as per the memo of the Guard of 79 Express train the dead body of a male was found lying on the railway track between Pun and Malatipatpur. On the basis of this report, P.W. 19 registered U.D. Case No. 1/83 and took up investigation. He visited the spot and found the dead body with multiple injuries lying on the railway track. At a distance of 71 feet from the spot on the railway track, he found the dead body of a female lying under a bush and that place came within the jurisdiction of Pun Sadar P.S. He reported the matter to the Officer-in-Charge, Sadar P.S. P.W.23. Ext. 24 is the report of P.W. 19 and Ext. 25 is the formal U.D.F.I.R. P.W. 23 registered U.D. Case No. 1/83 and took up investigation. On 12-1-1983 he visited the spot and found the male dead body lying with multiple injuries on the railway track and a female dead body lying under a thorny bush about 70 feet away. He requisitioned the services of a police dog. P.W. 22, Sub Inspector of Police, was at that time in charge of the dog-squad at Pun. On 12-1-1983 on receipt of requisition from P.W. 23, P.W. 22 took the dog with him to the spot. Under the guidance of P.W. 22, the dog first smelt the clothing of the female dead body and led the police party to the houses of Gopal Bhoi, father of appellant Subas, and Budhia Bhoi and Paramma Bhoi. P.W. 23 held inquest over the dead body, vide Ext. 2, the inquest report. In course of inve9tlgation P W. 23 examined witnesses and searched the houses of Gopal Bhoi. Budhia Bhoi and Paramma Bhoi. P.W. 19 had held inquest over the male dead body, vide Ext. 7, the inquest report. He had also seized cash of Rs. 117.06 paise from the wearing apparel of the male dead body and other articles, vide seizure list Ext. 8. P.W. 19 had sent the male dead body for post-mortem examination to P.W. 21 on 12-1-1983 vide Ext. 10 the dead body challan and Ext. II, the command certificate. P. W. 19 received the post-mortem report on 21-1-1983. On 7-5-1983 P.W. 19 transferred the case to P.W. 23 under orders of the Court received by him on 2-5-1983. P.W. 23 had lent the female dead body for post-mortem examination to P.W. 21 on 12-1-1913, vide Challan, Ext. 12 and the command certificate. Ext. 13. P w. 23 received the post-mortem report from P.W. 21 on 21-1-1983 and registered the present case under section 302, I.P.C. Ext. 26 is the F.I.R. drawn up by P.W. 23 who then took up investigation into the present case. On 24-1-1983 P.W. 15 father of deceased Bhaba and his wife identified the deceased persons with the help of their photographs and the wearing apparel. Inspite of search P.W. 23 had not found appellants Subas and Dukhishyam, but on 29.1.1983 at about 8.00 a.m. the Gramarakhi, P.W. 17, produced them before P.W. 23. As Subas and Dukhishyam appeared to have sustained some injuries, P.W. 23 sent them to P.W. 18 for their medical examination. Subas and Dukhishyam were arrested by P.W. 23 on 2-2-1983. On 20-4- 1983 P.W. 23 learnt that appellant Udia Bhoi had returned home. On 27-4-1983 P.W. 23 arrested appellant Udia Bhoi and accused Fakir Rout. After completion of investigation P.W. 23 submitted charge-sheet against the accused persons on 30-5-1983. They were then committed to the court of sessions.

(3.) The accused persons were charged under section 302/34, I.P.C. for committing murder by intentionally causing the death of Bhaba Behera and his wife, Sasi Dei, under section 376, I.P.C. for having committed rape on Sasi Dei before her death and under section 201, I.P.C. for having concealed the dead body of Sasi Dei under a bush after killing her and put on trial. Twenty-four witnesses were examined on behalf of the prosecution and none on behalf of the defence. The defence plea is one of denial. In their statements recorded under section 313, Cr. P.C., the appellants have denied any knowledge about the occurrence. They have asserted that they have been falsely implicated in this case. Appellants Subas and Dukhishyam have further stated that the injuries found on them might have been sustained by scratching with their own finger nails or by sleeping on the damaged floor of the police lock-up. The learned Sessions Judge who tried the case found the three appellants guilty under section 302/34, IPC and sentenced them to imprisonment for life. The appellants have been acquitted of the charges under sections 376 and 201, I.P.C. Accused Fakir has been acquitted of all the charges.