STATE OF ORISSA Vs. HARJEET SINGH @ SAKA @ KANA

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.96 of 2013, these were heard together and are disposed of by this common judgment.

(2.) By the impugned judgment and order, the sole convict has been sentenced to capital punishment under Sections 302/34 IPC. Further, he has been sentenced to imprisonment for life under Section 376 (2) (g) of IPC. He has also been senteneced to undergo R.I. for five years under Sections 201/34 IPC. The learned trial court has made clear that both the sentences under Sections 376(2)(g)/201/34 IPC are to run concurrently. No sentence exists with regard to payment of any fine. The reference made by the learned trial court under Section 366 of Cr.P.C. for confirmation of death sentence has been registered as DSREF No.4 of 2015 and the appeal preferred by the the convict has been registered as Jail Criminal Appeal No.69 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.2) gave a phone call to P.W.1, the tuition teacher, who replied that the deceased left for her house after tuition at about 9.00 A.M. In such background, P.W.2 (informant) along with his relatives (P.Ws.3,5 & 9) 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.2 along with others brought the deceased to Barbil Hospital and around 4.00 P.M. of the same day, P.W.2 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 13.8.2012, Mata Munda, Jiten Munda and Biswanath Gope@Naru were arrested. Further, on 13.8.2012 Mata Munda led to recovery of a "Dauli", the weapon of offence after his statement was recorded under Ext.17 as found from LCR and accordingly, seizure memo was prepared under Ext.6/1. Similarly, on 13.8.2012 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.18 as found from LCR and accordingly, seizure memo was prepared vide Ext.19. On 6.9.2012, Tapu @ Mangal Purty @ Suri was arrested by P.W.29 Further, during course of investigation, several other things were seized, which have been marked as Exibits. 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 and wearing apparels of Mata Munda, Jiten Munda, Biswanath Gope @ Naru and Tapu @ Mangal Purty @ Suri and their biological samples along with one "Dauli" to S.F.S.L., Rasulgarh, Bhubaneswar for their chemical examination. On 5.12.2012, he submitted the charge sheet against the above four persons under Sections 376(2)(g)/302/201/34, I.P.C. showing Harjeet Singh @ Saka @ Kana, Bablu Sandil and Sikandar Singh @ Sachindar as absconders. Since the alleged offences were triable by the Court of Sessions, the case was commited to the court of learned Addl. Sessions Judge, Champua for their trial. Learned trial judge framed charges under Sections 376(2)(g)/34, I.P.C., Section 302/34 IPC and under Section 201/34 IPC; to which they pleaded not guilty and claimed to be tried. Accordingly, they faced trial in S.T. No.09/2013. On 18.6.2013, present convictHarjeet Singh @ Saka @ Kana was arrested by P.W.28 and was sent for medical examination. His biological sample and wearing apparels were also collected. On 20.8.2013, the case involving convict-Harjeet Singh @ Saka @ Kana was committed to the court of learned Additional Sessions Judge, Champua for his trial. The learned trial Judge on 24.10.2013 framed charges under Section 376(2)(g), I.P.C., Section 302/34, I.P.C. and under Sections 201/34, I.P.C., to which he pleaded not guilty and claimed for trial. Accordingly, he faced trial in S.T. No.96 of 2013.