SANA KABASI Vs. STATE

JUDGEMENT

(1.) CONVICTION of accused Pandu Kabasi @ Burunda (appellant in Criminal Appeal No. 471 of 2006) and sana Kabasi (appellant in Jail Criminal appeal No. 70 of 2006) for offence under sections 302/201/34, IPC and sentence of imprisonment for life along with order to pay of fine under Sections 302/34, IPC and sentence of rigorous imprisonment for seven years together with fine for the offence under Sections 201/34, IPC is under challenge. Pandu Kabasi is on bail as per order dated 26. 6,2007 passed in Misc. Case No. 1005 of 2006 arising out of Criminal Appeal No. 471 of 2006. That case together with the Jail criminal Appeal No. 70 of 2006 has been listed to consider correctness of the order of conviction and to hear and dispose of the criminal Appeal at such stage.

(2.) MR. Sarangi, learned counsel for the appellants, supplied copies of the depositions of the witnesses and the impugned judgment of conviction to Mr. Nanda, learned Additional Government Advocate on a previous date. Therefore, learned coun-sel for the both the parties agree for hearing and disposal of both the Criminal appeals though only Misc. Case No. 61 of 2008 is listed for Orders and the case record of both the Criminal Appeals are available to the Court (being listed ). Since the LCR is available, we heard the parties in the above indicated manner and both the Criminal appeals are being disposed of in the following manner.

(3.) PROSECUTION case in brief is that on 21. 5. 2004 Ganga Kabasi, the deceased had gone to the Block Office at Mathili (in the district of Malkangiri) but did not return to the house. Managudu Kabasi (P. W. 5) is the son of the deceased. He searched for the missing father (the deceased) and when could not find any trace of the deceased, on 26. 5. 2004 he submitted a missing report. On 30. 5. 2004 one Dulla Kabasi, a co-villager of p. W. 5 intimated, P. W. 5 that a dead body had been buried at the canal embankment near the cultivable land of one Trinath majhi. P. W. 5 with some of the co-villagers went to the spot and spotted the exposed limbs of a dead body and removing the sand and looking to the wearing apparels, he became convinced that, that was the dead body of his father. On the requisition of P. W. 5 a village Panch was convened and in that, accused-Sana Kabasi made extra judicial confession that he together with accused-Pandu Kabasi killed the deceased by shooting arrow and causing injury and that Guja kabasi (P. W. 2) was an eyewitness to that occurrence. Thereafter on 1. 6. 2004 P. W. 5 presented the written report and on the basis of that, investigation was taken up.