KHADAL DIGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants were charged under Sections 302 and 201 read with Section 34, IPC for having committed murder by intentionally causing death of Dikesan Digal (hereinafter referred to as the 'deceased') in furtherance of their common intention and thereafter buried the dead body of the deceased in order to screen themselves from legal punishment. Upon trial, learned Sessions Judge, Phulbani found the appellants guilty of the charges and. consequently convicted and sentenced them to suffer imprisonment for life for the offence under Section 302 and rigorous imprisonment for five years for the offence under Section 201, IPC. It was ordered that both the sentences shall run concurrently.

(2.) Prosecution case, briefly stated, was that on 29-7-90 at about 10 a.m. while the inmates of appellant Khadal Digal were absent, the deceased entered inside his house, stole the food staff and consumed the same. Meanwhile appellant Khadal Digal came in side and at his sight, deceased started fleeing away, but both the appellants chased and intercepted him near the house of Zora Pradhan, P.W. 6 and assaulted him. Thereafter they brought him to the house of appellant Khadal Digal and assaulted him again, as a result he succumbed to his injuries. The appellants then removed the dead body and buried inside the forest. On a report being lodged by Raman Parichha P.W. 2, Niranjan Tripathy, Officer-in-charge, Daringibadi P. S. (P.W. 11) registered a case and proceeded with investigation. He arrested both the appellants, who while in custody led P.W. 11 and the witnesses and pointed out the place where the dead body of the deceased had been buried. Thereupon the dead body was exhumed and sent for postmortem examination. On completion of investigation, P.W. 11 placed charge-sheet against both the appellants to stand their trial under Sections 302 and 201 read with Section 34, IPC.

(3.) The plea of the appellants was denial simpliciter.