PRASANTA KUMAR CHHOTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the judgment is as follows :

(2.) ORDER of conviction under Section 302/201, I. P. C. and sentence of imprisonment for life imposed against the accused/ appellant by learned Second Additional sessions Judge, Puri in S. T. Case No. 1/384 of 1998-97 is under challenge.

(3.) SARAT Chandra Chhotray (hereinafter referred to as 'deceased') and Prasanta kumar Chhotray (hereinafter referred to as 'accused') are two amongst four brothers. The occurrence took place in the night of 3-6-1997. By then deceased was serving as a teacher in the district of Koraput and was trying for his transfer to Bhubaneswar. He had come to his native place during the summer vacation and was staying at Puri together with the accused and other inmates. On 3-6-1997 deceased together with the accused went to Bhubaneswar to pursue the matter relating to transfer. They went in a yamaha motor-cycle bearing Registration no. OSF-4325. On the following day, i. e. , on 4-6-1997, local police was intimated by the Grama Rakhi (PW 4) about a headless dead body lying near a bridge between kumbharapada and Nadakhanda. Investigation was taken up, and in course of the investigation accused was found to be the prime suspect and he was arrested by police. While in police custody, accused led the investigating agency in presence of the witnesses to give discovery of the blood-stained wearing apparels of the deceased, which was seized under the Seizure List-Ext. 11/1. Similarly, on leading to such discovery, a 'katari' was discovered and seized under seizure List, Ext. 1/1. On 5-6-1997, after returning to the house, accused had given about Rs. 10,000/- to the wife of the deceased (P. W. 5), which was seized under seizure List-Ext. 12/1. That money had been taken by the deceased while going with the accused to Bhubaneswar. On the query made by P. W. 5 and other family members about the whereabouts of the deceased, accused had stated to them that in the evening of 3-6-1997 deceased returned to Puri in that Yamaha motor-cycle. In course of the investigation it was found that accused sold that motor-cycle to P. W. 15 on 5-6-1997 and delivered possession on receipt of Rs. 1,000/- (one thousand) out of the settled sale price of Rs. 15,000/- (fifteen thousand ). After making the aforesaid purchase, P. W. 15 gave that motor-cycle in the garage of P. W. 17, wherefrom it was seized. The stains in the motor-cycle were suspected to be blood stain and the scraping thereof were collected and seized under Seizure List, Ext. 22. The missing head of the dead body of the deceased could be traced out on 5-6-1997 morning after a thorough search of the nearby areas. The head was tallied with the trunk and found matching to that and thereafter the dead body was shown to the family members of the deceased including the accused and all of them identified the dead body to be that of the deceased Sarat chandra Chhotray. On police requisition post-mortem examination was conducted on the dead body of the deceased (both trunk and head) by Dr. Sarbeswar Acharya (PW 8), who proved the post-mortem Report, Ext. 7. In course of the investigation other incidental steps were taken for seizure of other articles like blood stained earth, sample earth, etc. , examination of witnesses, requisition of services of the Executive magistrate for inquest, etc. On completion of the investigation, charge sheet was submitted against the accused. On the basis 'of the materials on record, charge was framed under Section 302, I. P. C. for committing murder of the deceased at about 9. 30 p. m. on 3-6-1997. Charge under Section 201, I. P. C. was framed against him for throwing the severed head of the deceased into water with a view to screen himself (by the accused) and charge under Section 379, I. P. C. was framed for dishonestly removing cash of about Rs. 10,000/- from the possession of the deceased.