SANA SANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) CONVICTION of the Appellant under Section 302/201, I.P.C. and the sentences of imprisonment for life and rigorous imprisonment for four years imposed by Learned Addl. Sessions Judge, Nabarangpur in Sessions Case No. 26 of 2000 arising out of G.R. Case No. 418 of 1997 of the Court of J.M.F.C, Umerkote is under challenge.

(2.) ACCORDING to the case of the prosecution, on 09.12.1997 in the evening accused Sana Santa finding the deceased Agadhu Santa alone on the road, committed his murder by a knife (M.O. -I) and with the help of Mika Santa (P.W.2) he shifted the dead body to another place near village Baghdian. The further case of the prosecution is that on the following day, i.e., on 10.12.1997, on being informed about the dead body, P.W. I Rama Santa went and saw the dead body of his father with cut injuries in his neck and cheek. Since the culprit was not known to him and the death created terror in his mind, therefore, after consulting his mother and other relatives he cremated the dead body of the deceased according to the Hindu rites. When he learnt about the murder being committed by the accused from the mouth of P.W.2 and other witnesses to the extra judicial confession, on 31.12.1997 he submitted a written report (F.I.R.) in Jharigaon Police Station. In course of the investigation, the Investigating officer visited the spot, seized the incriminating articles and examined the witnesses to extra judicial confession and submitted the charge sheet. He also sent the Incriminating materials to the State Forensic Science and Laboratory, Rasulgarh. The Trial Court framed charge under Section 302/201, I.P.C. and prosecution altogether examined eight witnesses and relied on Exts. 1 to 10 in proof of the charges. Amongst them, P.Ws.2 to 5 and 7 are witnesses to the extra judicial confession, P.W.6 was the witness to the seizure (Ext.1) under Section 27 of the Evidence Act and P.W.8 was the Investigating Officer. Ext.1 is the Seizure List in proof of seizure of knife and wearing apparels of the accused, Ext.2 is the F.I.R., Ext.3 is the Spot Map and Ext.10 is the report from the Chemical Analyst and Ext.9 is the report from the State Forensic Science and Laboratory.

(3.) LEARNED Addl. Sessions Judge, on consideration of the evidence, held that the factum of homicidal death of the deceased is proved from the evidence of P.Ws.1 and 2, because they had seen the dead body of the deceased with cut and bleeding injuries on the neck. Since the dead body was burnt to ashes, therefore, absence of post -mortem examination would not be of any disadvantage to the accused. Learned Addl. Sessions Judge also held that evidence of P.W.2 as the accomplice is relevant to be admissible and such evidence finds corroboration from the evidence of P.Ws.3,5 and 7 when accused made extra judicial confession before such witnesses and, apart from that, human blood group 'AB' in the 'Chadi' of the accused lends ample corroboration about his complicity in the crime, besides the evidence under Section 27 of the Evidence Act relating to discovery of the knife, M.O. -I. Accordingly, Learned Additional Sessions Judge recorded the order of conviction.