BHIKARI NAIK AND ANOTHER Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal has been filed by the appellants challenging the judgment dated 16.12.1998 passed by the learned Sessions Judge, Keonjhar, in S.T. Case No. 143 of 1994 convicting the appellants under Sections 302/34 of I.P.C. and sentencing them to undergo imprisonment for life.

(2.) This case of the prosecution is that on 18.07.1994 in the early morning Bishnu Naik - P.W. 1 (informant) while returning after attending the call of nature from the field, heard shouting of the villagers that Kurubali, the daughter of Mohan Naik has been murdered over the land of one Draupadi Nayak Then he rushed to the spot and found that Kurubali was lying dead over that land with bleeding injury on her head, back of neck, left chest and hands. There were profuse bleeding from the injuries and nearby one bloodstained knife was lying At a close distance from the dead body one red Saya, Blouse, one water pot, one earthen pot, one broken earthen pot were lying and patches of blood were also found there. Pramila-P.W.3, Kusei Nail-P.W.4, Dhara Naik, Hari Naik, who were at the spot informed him that at about 6.00 A.M. appellant No.1 -Bhikari Naik assaulted with a knife and ran away. P.W.1 rushed to the Village Chaukidar to inform him about the incident. Thereafter he came to Patna Police Station along with the Chaukidar and lodged an oral report, which was reduced to writing and was treated as First Information Report by the A.S.I at 9.00 A M In the said report it was stated that there was land dispute between Mohan Naik, the father of Kurubali and the accused perons since one year and they had ill feeling. On the basis of the aforesaid First Information report, Patna PS. Case No.45 of 1994 was registered. The dead body was sent for post-mortem examination and the weapon of offences was seized. On completion of investigation and on receipt of the post mortem report, charge sheet was submitted against both the appellants under Sections 302/34 of I.P.C.

(3.) The prosecution in order to bring home the charges, during trial examined as many as ten witnesses and exhibited several documents, which were marked as Exts. 1 to 21. The prosecution also proved two material objects i.e. Spade-M.O.I. and Knife-M.O.II. Out of the witnesses examined by the prosecution P.W.1 is the Informant. P.W.2 is the Grama Rakhi P.W.3 is the friend of the deceased. P.W.4 is related to deceased and has claimed to be an eyewitness to the occurrence. P.W. 5 is the stepmother of the deceased and has claimed to be the post occurrence witness. P.W.6 is the witness to the inquest. PW.7 is the father or of the deceased. P.W.8 is the Doctor, who had conducted the post-mortem examination. P.W.9 is the A.S.I. of the Police before whom the informant has or orally reported the incident, which was reduced to writing and registered as Patna PS. Case No. 45 of 1994 and investigation of the case was taken up at 9.00 A.M. On the same day, he has also recorded the statement of P.W.5, Matia Naik and Mahura Naik. However, Matia and Mahura were not examined as charge-sheet witnesses. P.W. 10 is the Investigating Officer.