BENUDHAR PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants Benudhar Parida and Dayanidhi @ Daitari Parida along with five other co-accused persons faced trial in the Court of learned Addl. Sessions Judge, Jajpur in S.T. Case No. 137/39 of 1990 for the offences punishable under Sec. 304-B and 201 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dtd. 10/5/1991 acquitted the five co-accused persons of all the charges. The appellants were also acquitted of the charge under sec. 201 of the Indian Penal Code but they were found guilty under sec. 304-B of the Indian Penal Code and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.2000.00 (rupees two thousand only) each, in default of payment of fine, to undergo further R.I. for three months.

(2.) On 108.1989 P.W.6 Kanhu Charan Sahu who was attached to Jajpur Road G.R.O.P. as S.I. of Police registered Jajpur Road G.R.O.P. U.D. Case No.18 of 1989 on receiving information over telephone from Biswanath Swain, Station Master of Jajpur Road Railway Station to the effect that P.A. Narseya, Station Master, Jenapur Railway Station gave him the message which was communicated to him by gang-man namely Govinda that on the down line between Jenapur and Jakhapur Railway Station at kilometer stand post no. 351/1, a dead body of a female was lying in three pieces on the railway track.

(3.) After observing due committal formalities, the case of the appellants was committed to the Court of Session for trial where the learned Additional Sessions Judge, Jajpur framed charges against the appellants under Sec. 304-B/201 of the Indian Penal Code on 22/11/1990 and since the appellants refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.