KEDA BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Appellants in this appeal, seek to assail the judgment and order of conviction and sentence dated 27.07.1999 passed by learned Sessions Judge, Sonepur in Sessions Case No. 1/12 of 1999 (arising out of GR Case No. 87 of 1998 of the Court of SDJM, Biramaharajpur) convicting the appellant No. 1, namely, Keda Behera under Sec. 201, Penal Code and sentencing him to undergo RI for three years as well as convicting the appellant No. 2, namely, Sashi Behera for committing offence under Sections 302 and 201, Penal Code and sentencing him to undergo imprisonment for life for committing offence under Sec. 302, Penal Code and to undergo RI for seven years for committing offence under Sec. 201, IPC. It was further directed that the sentences against the appellant No. 2 shall run concurrently.

(2.) One Sripati Dalai (informant/PW 1) lodged information before the Birmaharajpur Police Station stating that at about 4.00 PM on 07.08.1998, he had gone to his paddy field to bring back the bullocks. At that time, he saw that body of a lady was floating in the well situated at his Mahulmal paddy field. Her legs and hands were tied. Thereafter, he came back and informed the villagers about the same. The villagers along with the appellant No. 1 identified the dead body to be of Seema Behera, the elder daughter of Keda Behera (appellant No. 1). The body was decomposed. Suspecting murder of Seema, PW-1 lodged the FIR (Ext.4). On receipt of the FIR, Birmaharajpur P.S. Case No. 63 (8) dated 17.08.1998 was registered under Sections 302/201, Penal Code against unknown person. Since the FIR disclosed a cognizable offence, the OIC, Birmaharajpur P.S. (PW 14) took up investigation.

(3.) In support of its case, prosecution examined as many as fourteen witnesses-. Apart from the aforesaid witnesses, prosecution also relied upon PWs 2 to 6, who are the witnesses to a part of occurrence and PWs 7 to 10, who are the witnesses to the inquest. PW 11 is the Doctor, who conducted the post-mortem. The prosecution also relied upon the aforesaid documentary evidence as well as MOs, viz. Rope, stone, saree, blouse and saya of the deceased marked as MOs.I to V respectively.