LAWS(ORI)-2017-6-7

STATE OF ORISSA Vs. MATA MUNDA AND OTHERS

Decided On June 23, 2017
STATE OF ORISSA Appellant
V/S
Mata Munda And Others Respondents

JUDGEMENT

(1.) Since both the Death Reference and Jail Criminal Appeal arise out of the judgment of conviction dated 21.11.2015 and order of sentence dated 23.11.2015 passed by the learned Addl. Sessions Judge, Champua in S.T. Case No.9 of 2013, these were heard together and are disposed of by this common judgment.

(2.) By the impugned judgment and order, all the four convicts have been sentenced to capital punishment under Sections 302/34 IPC. Further, all of them have been sentenced to imprisonment for life under Sec. 376(2)(g) of I.P.C. They have also been sentenced to undergo R.I. for five years under Sections 201/34 IPC. The learned trial court has made it clear that both the sentences under Sections 376 (2) (g)/201/34 Penal Code are to run concurrently. No sentence exists with regard to payment of any fine. The reference made by the learned trial court under Sec. 366 of Crimial P.C. for confirmation of death sentence has been registered as DSREF No.3 of 2015 and the appeal preferred by all the four convicts has been registered as Jail Criminal Appeal No.70 of 2015.

(3.) The case of the prosecution in brief is that on 1.8.2012 the deceased girl, namely, Bindhia Mahakud aged about 13 years, a student of Class-VIII of Barbil Municipality High School had gone to attend the tuition under P.W.5 at 7.00 A.M. She was expected to return by 9.00 A.M. But as she did not return to her house by 9.00 A.M., the informant (P.W.1) gave a phone call to P.W.5, the tuition teacher, who replied that the deceased has left for her house after tuition at about 9.00 A.M. In such background, P.W.1 (informant) along with his relatives (P.Ws.2, 4 and 9 and others) searched for the deceased in different places and around 2.00 P.M., the dead body of the deceased was found inside Baghiahudi jungle in a naked condition with a piece of cloth in her mouth and various injuries on her person. Then, P.W.1 along with others brought the deceased to Barbil Hospital and around 4.00 P.M. of the same day, P.W.1 lodged F.I.R. under Ext.1 indicating therein that his daughter has been raped and murdered by somebody. Basing on such information, P.W.29, the first I.O. registered Barbil P.S. Case No.128 of 2012 and took up investigation of the case. During investigation, inquest was held and on the same day, i.e., 1.8.2012, P.W.11 conducted the postmortem examination over the dead body. Further, in course of investigation, various witnesses were examined and on 18.2012, convicts-Mata Munda, Jiten Munda and Biswanath Gope @ Naru were arrested. On 18.2012 Mata Munda led to recovery of a "Dauli", the weapon of offence after his statement was recorded under Ext.20 and accordingly, seizure memo was prepared under Ext.8. Similarly, on 18.2012 Jiten Munda led to recovery of black colour School bag, some torn books, one ball pen and a rolling khata after his statement was recorded under Ext.21 and accordingly seizure memo was prepared vide Ext.22. On 6.9.2012, convict Tapu @ Mangal Purty @ Suri was arrested by P.W.29. Further, during course of investigation, several other incriminating things were seized which have been marked as Exhibits. On 25.9.2012, the investigation was taken over by P.W.28, who is the second I.O. He sent the wearing apparels and biological sample of the deceased as well as convicts along with one "Dauli" to S.F.S.L., Rasulgarh, Bhubaneswar for chemical examination. On 5.12.2012, he submitted the charge sheet against the present four convicts under Sections 376 (2) (g)/302/201/34 Penal Code showing Harjeet Singh @ Saka @ Kana, Bablu Sandil and Sikandar Singh @ Sachindar as absconders. Since the alleged offences were triable by Court of Sessions, the case was committed to the court of learned Addl. Sessions Judge, Champua for their trial. Learned trial judge framed charges under Sections 376 (2) (g)/34 IPC, Sec. 302/34 Penal Code and under Sec. 201/34 IPC; to which the convicts pleaded not guilty and claimed to be tried. Accordingly, they faced trial in S.T. No.9 of 201