NITYANANDA SUTAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Nityananda Sutar in JCRLA No. 47 of 2004, appellants Rahas Behari Moharana and Gobardhan Sutar in CRLA No. 80 of 2004, appellant Kartik Chandra Thatoi in CRLA No. 228 of 2004 along with co-accused Ramamani Sutar faced trial in the Court of learned Additional Sessions Judge, Kendrapara in S.T. Case No.22/373 of 2002 for offences punishable under sections 364 , 302 / 34 , 109 / 34 and 120-B of the Indian Penal Code on the accusation that in between 7.00 p.m. on 5.12.2012 and 4.30 p.m. on 06.12.2001 at village Kharianta, they in furtherance of their common intention kidnapped Sonu @ Santanu Sahani (hereafter 'the deceased') and committed his murder in pursuance of criminal conspiracy being abetted by appellant Gobardhan Sutar.

(2.) The prosecution case, in short, as per the First Information Report dated 06.12.2001 lodged by P.W.3 Prakash Chandra Sahani, the father of the deceased before the officer in charge of Rajkanika Police Station, Kendrapara is that on 05.12.2001 at about 7 p.m. the deceased who was his only son and aged about five years was playing with other children on the village street in front of Mangala Temple situated close to his house. There was power cut in the village and thereafter the deceased was found missing. In spite of frantic search, the deceased could not be located and accordingly, at about 11 O' clock on 06.12.2001 a missing report was presented by Pratap Chandra Sahani (P.W.6). It is the further prosecution case that on 06.12.2001 at about 4.30 p.m. while some girls of the village had been to attend call of nature to the river bed, they found the dead body of Sonu near Kalam bushes and accordingly, they informed the matter in the village and the villagers rushed to the spot and found the dead body with injuries on the right ear, forehead and back head of the deceased. A brick was also found at that place with stains of blood. The deceased was wearing a locket in a black string which was found missing. It was suspected that either for commission of theft of the gold locket or for some other reason, some unknown culprits have committed murder of the deceased and threw his dead body near the Kalam bushes.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellants as aforesaid on 28.08.2002 and since the appellants refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.