STATE Vs. GOURANGA SAHU

JUDGEMENT

(1.) THE Reference is under Section 366 (1) of the Cr.P.C. 1973, for confirmation of the sentence of death imposed on Gouranga Sahu by the learned Sessions Judge of Dhenkanal for the offence punishable under Section 302, I.P.C. Criminal Appeal No.47 of 1977 is by the said Gouranga against his conviction and sentence while Criminal Appeal No.48 of 1977 is by the co -accused Prahallad Sahu alias Choudhary against his conviction under Section 302/109, I.P.C. and sentence of rigorous imprisonment for life All the three matters have been heard together and are being disposed of by this common judgment.

(2.) BRIEFLY stated, the prosecution case is : The deceased Kartik Chandra Mohanty was the Sub -Inspector of Police attached to the Bantalo Police Station in the Angul area of the district of Dhenkanal. Appelland Prahallad Choudhury happens to be an influential person of the locality. He had been arrested on more than one occasion by the deceased police officer in execution of warrants in certificate cases and their relationship was strained. Appellant Prahallad was in the habit of making complaints against the deceased to the administrative superiors. He instigated Gouranga, a relation of his, to commit murder of the deceased. On 19th September, 1974, on the occasion of Ganesh Chaturthi, it Jatra was being held around the temple of the deity Kalapata Thakurani located not far away from the village. The deceased along with a young son of his aged about three years had gone to the temple on a motor bicycle and after having darshan of the deity, he had come out and leaning on his motor bicycle he was engaged in talking with some young men of the locality about the prospect of locating a football field in the neighbourhood. Suddenly appellant Gouranga came from behind with an iron pipe (M.O.I.) and dealt a severe blow on the head of the deceased, as a result of which the deceased fell on the ground. Prosecution alleged that the assailant gave several successive severe strokes on his head until he was pushed aside by P.W. 5. Gouranga ran away from the spot with M.O.I. in his hand and concealed himself in a Kothaghar of a neighbouring village from where he was ultimately apprehended by a police party. The deceased bled profusely from his head and while lying unconscious was brought to the local dispensary where he was given first -aid. Thereafter the Assis that Sub -Inspector of Police (P.W.32) managed to send him to the Angul hospital. The First Information Report (Ext. 24) was recorded by P.W.32 on his own information at 5.05 P.M. At 5.45 P.M., the deceased succumbed to his injuries in the hospital. The Circle Inspector of Police (P.W.33) arrived at the spot around 7 P.M. After holding inquest over the dead body at Angul Hospital, investigation followed and it having transpired that appellant Gouranga had committed the offence on the instigation of appellant Prahallad, the two accused persons were committed to stand their trial for the offence under Section 302/109, Indian Penal Code.

(3.) PROSECUTION examined 33 witnesses in all. Of them, P.Ws. 1, 2, 3, 4 and 5 are said to be eye -witnesses. P.W.10 came to the spot immediately after. P.Ws. 6 and 14 are the police constables who apprehended appellant Gouranga. P.Ws. 7, 11 and 13 were examined to support the plea of extrajudicial confession by Gouranga. Medical evidence came from P.Ws.8, 9 and 27 -P.W.8 conducted the post -mortem examination, P.W.9 was the Pharmacist and P.W.27 was the doctor of the Primary Health Centre at Bantala where first -aid had been given to the deceased. P.W. 27 also claims to have accompanied the deceased upto the Angul Hospital, P.Ws. 12, 17 and 18 were witnesses in support of the prosecution plea of pre -existing animosity between the parties which supplied the motive for the crime. P.W. 15 was a witness to the seizure of M.O.I. while P.W.16 was the Constable who guarded the dead body. P.W.19 was an attesting witness to the seizure under Exts. 11 and 12. P.W.20, a Sub -Inspector of Schools, was called in to support the story of negotiation of sale of land but he turned hostile. P.W. 23 was the Additional Tahsildar of Angul at the relevant time and he was examined in connection with the arrest of the accused persons in certificate proceedings. P.W.26 is the mother of Gouranga. P.Ws.21, 22 24, 25, 28, 32 and 33 are police officers who are connected with the investigation of the case, P.W.29 is the Sub -Divisional Judicial Magistrate who recorded the confessional statement (Ext.22). P.W.30 is the Amin who prepared the spot map and P.W.31 was the Bench Clerk of the Magistrate.