ASMAN GOND & ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 13.11.1998 passed by the learned Sessions Judge, Koraput, Jeypore in Sessions Case No. 43 of 1996 in convicting the appellant No.1-Asman Gond for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and rigorous imprisonment for five years under Section 201 read with Section 34 of the I.P.C. The sentence under Section 201 of the I.P.C. shall run concurrently with the sentence under Section 302 of the I.P.C. The learned Sessions Judge also convicting the appellant No.2-Durjan Gond to undergo rigorous imprisonment for five years under Section 201/34 of the I.P.C.

(2.) The prosecution case, in brief is that the deceased was married to appellant Asman Gond. Appellant Asman Gond came to the house of Sukalu Gond, the brother of the deceased and told that the deceased was missing. On knowing so, the brother of the deceased and others searched for her, but could not find her. Two to three days thereafter he went to the house of appellant Asman with one Manohar Gond, Sarpanch of Jodinga Panchayat and asked the appellant No.1 as to what happened to the deceased. On their repeated asking, appellant No.1 narrated that he has killed the deceased and concealed the dead body about six days before. After such disclosure by appellant No.1 the brother of the deceased had lodged a F.I.R. (Ext.6) on 14.11.1995 before the Officer-in-charge of Raighar P.S. On the said information the Officer-in-charge of Raighar P.S. registered P.S. Case No. 67/95 and took up investigation. In course of investigation the investigating officer visited the spot i.e. the house of the accused at Biripur and prepared spot map. He searched the house of the accused, seized silver ornaments under Ext.7, examined the witnesses and arrested the accused persons on 15.11.1995 at 9 A.M. While in custody accused Asman Gond gave his statement and showed the place of concealment of the dead body. The dead body was found at a distance of ten meters away from the place of concealment. In presence of the Executive Magistrate he conducted inquest over the dead body and prepared inquest report. Then the dead body was sent for post mortem examination. The dead body was in the form of skeleton. The same was also sent to Forensic Medicine and Toxicology Department, Berhampur with query regarding the cause of death. The wearing apparels of the deceased were seized on 16.11.95 near the spot where the dead body found. The dead body and wearing apparels were identified by the informant (P.W.5). The report of the Professor, F.M. and T Department, Berhampur i.e. (Ext.14) was received on 24.11.95. After completion of investigation charge sheet was filed.

(3.) In order to bring home the charge, during trial the prosecution examined as many as eight witnesses. Out of them P.Ws.2, 4 and 8 are Police officials. P.W.7 is the doctor who conducted the post-mortem examination on the dead body of the deceased on police requisition. P.W.1 is the mother of appellant Asman. P.W.3 is the then Block Development Officer-cum-Executive Magistrate, Raighar. P.W.5 is the informant who is also the brother of the deceased. P.W.6 is the Sarpanch of Jodenga Gram Panchayat. The prosecution also proved material objects i.e. a packet containing sari, saya blouse, plastic chain and broken bangles of decease which was marked as M.O.I.