JANGA @ ANUKARAN TOPPO Vs. STATE OF ORISSA

JUDGEMENT

(1.) By the Bench The appellant Janga @ Anukaran Toppo faced trial in the Court of learned 2nd Adhoc Additional Sessions Judge, Sundargarh for offences punishable under sections 302 and 201 of the Indian Penal Code on the accusation that on 26.10.2004 at about 8.00 p.m. he committed murder of one Sukru Bada (hereinafter 'the deceased') by assaulting him by means of a lathi and concealed the dead body inside a well in order to cause disappearance of evidence.

(2.) The prosecution case, as per the first information report lodged by Dilip Bada (P.W.1) before the Inspector in charge of Rajgangpur Police Station on 28.10.2004 is that on 26.10.2004 at about 3.00 p.m. a meeting was convened in the house of the informant relating to marriage of the maid servant of the informant, namely, Sanju Minz and in that meeting, the appellant, the deceased and others were present and a quarrel ensued between the appellant and the deceased for which the appellant threatened the deceased to commit his murder and then the appellant left the place. After the meeting was over, at about 4.00 p.m. the deceased went to his friend's house but he did not return back home on that day. The informant went in search of the deceased to the house of Sukru Toppo (P.W.6), friend of the deceased who told him that the deceased had left his house since long. The deceased did not return back home either on 26.10.2004 or on the next day and on 28.10.2004 at about 6.00 a.m. while one lady, namely Juspin Bada had been to fetch water from the well, she found a dead body was floating in the well and accordingly she shouted which attracted the attention of others and the informant went there and found that the dead body was that of the deceased and the hands and neck of the deceased were tied with plastic rope and there was mud all over the body of the deceased. The informant also found there was some marks of violence in the land of one Johan Minz which situates in front of the house of the appellant and there was also blood stains. He also ascertained that on 26.10.2004 night at about 8.00 p.m. near the house of the appellant, some co-villagers heard beating sound and accordingly, the informant suspected that the appellant had killed the deceased while he was returning home from the house of his friend and thereafter his dead body was thrown inside the well.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under sections 302 and 201 of the Indian Penal Code on 06.07.2005 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.