HUIKA SOMANNA AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) In Sessions Case No. 51 of 1997, arising out of G.R. Case No. 135 of 1996 of the Court of Judicial Magistrate First Class, Laxmipur, Learned Addl. Sessions Judge, Jeypore has recorded the order of conviction under Sec. 302/34, I.P.C. against both the accused -Appellants i.e. Huika Somanna and Meleka Das alias Dasana. They have been found guilty of committing murder of Miniaka Singa (hereinafter referred to as 'the deceased') and sentenced to imprisonment for life and to pay fine of Rs. 5,000/ - each in default to undergo rigorous imprisonment for one year.

(2.) Prosecution case is that on 27.11.1996 in late afternoon, both the accused persons came to the house of the deceased and invited him to join with them to consume liquor. The deceased happily agreed and accompanied them. He did not return to the house in that night. On the following day morning accused Somanna informed Miniaka Jaga (P.W. 10), son of the deceased that his father (the deceased) was lying dead. P.W. 10 together with his mother Miniaka Sauli (P.W. 11) and Ors. went and saw the dead body and thereafter police was informed to take up investigation. There was no eye witness to the occurrence. In course of investigation police conducted inquest on the dead body of the deceased (Ext. 1 ) on the land between the huts (Kudias) of the two accused persons and forwarded the same under Ext.5 to Dr. D.K. Biswal, (P.W. 9) for postmortem examination, the Investigating Officer also visited the spot, prepared the spot map, arrested the accused, seized the incriminating materials after recording statement under Sec. 27 of the Evidence Act of both the accused persons in presence of witnesses and also recorded statements of the witnesses under Sec. 161, Code of Criminal Procedure including the statements of the witnesses, who stated about extra -judicial confession made by the accused persons. Amongst the seized articles, M. Os. I and II are two wooden lathis (sticks) and M. Os. III to V are three pieces of stones, which were said to be used as weapons of offence by the accused persons. The blood -stained wearing apparels of the accused and the deceased persons were marked as M. Os. VI to X.

(3.) To substantiate the charge as against the plea of denial of the accused persons, prosecution relied on evidence of thirteen witnesses and sixteen documents besides the above noted material objects. Accused persons did not adduce any defence evidence. P.W. 2 Turuka Salupu, a co -villager and P. Ws. 10 and 11 were examined as witnesses to prove that the deceased went with the accused persons. P. Ws. 4, 5 and 6 were examined as the witnesses to prove extra -judicial confession of the accused persons. Amongst them, P. Ws. 2, 4, 5 and 6 turned hostile by not supporting the prosecution. P.W. 3 Davada Singh Ankali was the witness to the seizure list, Ext.2 under which the wearing apparels of the deceased were seized. P.W. 1 was examined to prove the inquest report, Ext.1 and P.W. 12 was examined to prove that the dead body of the deceased was at first in the Kudia (hut) of accused Meleka Das. P.W. 13 was the Investigating Officer.