GIRIDHARI PARIDA & ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment dated 05.03.2001 passed by the learned Addl. District and Sessions Judge, Nayagarh in Sessions Trial Case No. 96/23/150 of 1997/1996 in convicting the appellants for commission of offence under Sections 376 (2)(g) and 302/34 of the Indian Penal Code and sentencing them to undergo Rigorous Imprisonment for 10 years each under Section 376 (2) (g) I.P.C and to undergo Rigorous Imprisonment for life for the offence under Section 302/34 IPC. Both the sentences are directed to run concurrently.

(2.) The prosecution case in brief is that the deceased Namita Mohapatra was residing in her house situated at village Telipatna with her brother i.e. the Niranjan Mohapatra (C.W.1) and her mother Pramodini Mohapatra. One of the rooms of their house was given on rent to Dillip Kumar Pani (P.W.2) who was running a T.V. repairing shop in that room. It is alleged that on 19.9.1995, the mother of the deceased had been to her daughter?s house at Odagaon. Niranjan Mohapatra (C.W.1) and the deceased were in their house. In that night a feast was arranged in the house of the deceased Namita by her brother Niranjan Mohapatra. The appellants Babula @ Ashoka Mallik @ Ashok Kumar Samantray, Giria @ Giridhari Parida were invitees. P.W.2 was also invited to that feast. The appellants Ashok Samantray and Giridhari Parida took liquor and at their instance C.W.1 also took liquor. P.W.2 also took a little quantity of liquor in their company. One Rajkishore Rana was also present in the feast during the relevant time and took liquor heavily for which he slept in the house being unable to take care of himself. Thereafter, appellants Ashok Samantray and Giridhari Parida took the said Rajkishore Rana to his house and left him there. The deceased prepared rice and the appellant Giridhari cooked the chicken. At about 10.30 P.M. the food was served and when they were sitting to take the food, the appellant Ashok Samantray all of a sudden assaulted P.W.2 for which he fled away from that place out of fear. Appellants Ashok Samantray and Giridhari Parida chased P.W.2 up to his house and enquired about him from his mother and threatened him to do away with his life. Thereafter, they took the food and left the house. At about mid night between 12 to 130 AM, the appellants again came to the house of the C.W.1 and appellant no.2 compelled C.W.1 to drink liquor further to which he protested and his sister Namita also protested. Thereafter, appellant No. 2 caught hold of the deceased while appellant No.1 caught hold of C.W.1 and poured liquor in his mouth. The appellant no.2 forcibly committed rape on the deceased at the sight of C.W. 1 when appellant no.1 had caught hold of him and thereafter appellant no.1 committed rape on Namita when appellant no.2 caught hold of him. As C.W.1 was restrained by the accused persons he could not rescue his sister Namita. Thereafter the appellants committed murder of the deceased after committing rape.

(3.) The plea of the appellants was one of complete denial of the occurrence.