KATHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, in this appeal, assails the judgment of conviction and order of sentence dated 31.1.1998 passed by learned Sessions Judge, Dhenkanal-Angul in S.T. Case No.61-D of 1994 convicting the appellant under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "I.P.C." for brevity) and sentenced him to undergo imprisonment for life for having committed murder of his wife-Mitika Prusty and his infant son-Chemutu Prusty in the night between 18th and 19th Nov., 1992.

(2.) Shorn of unnecessary details, the prosecution case is that on 19.11.1992 at about 7.30 A.M. the informant-Amulya Naik, (p.W. 1) in absence of his Gram Rakhi-father Musa Naik came to know from Kodanda Prusty and Abhi Prusty of Kantio that the accused had a quarrel with his wife Mitika for which Mitika had gone away to the house of Dharani Prusty. (P.W.3). He further learnt that in the night of 18.11.1992 the accused had killed his wife and son. Then P.W 1 went to the house of the accused and found the deceased Mitika lying dead having marks of cut blows on her face and by her side her infant son lying dead with marks of violence on his chest. On being asked, the father of the accused informed P.W. 1 that the accused after killing his wife and son in the previous night has fled away from the house. On getting this information P.W. 1, in absence of his father, went to Tumusingha Police Station and lodged the F.I.R (Ext.1) at about 130 P.M. on the same day. On the basis of this report the O.I.C., Tumusingha Police Station (P.W.12) made a Station Diary Entry to this effect and on the point of jurisdiction forwarded the Ext.1 to the O.I.C., Kamakhyanagar Police Station for registration of the case as per his endorsement, Ext. 1/3 and simultaneously took up investigation of the case. On receipt of the F.I.R. (Ext.1) the O.I.C., Kamakhyanagar P.S. (P.W.11) registered the case as per his endorsement (Ext.1/2) and drew up formal F.I.R. (Ext. 9) as Kamakhyanagar P.S. Case No.162/ 199

(3.) In course of investigation, P.W. 12 after examining the informant visited the spot, held inquest over the dead bodies of the deceased Mitika Prusty and Chemulu Prusty as per the inquests reports, Exts.10 and 11 respectively and sent the dead bodies for post mortem examination. He seized some samples earth, blood stained earth, one blood stained pillow, a blood stained 'Kantha', one tooth, some broken pieces of bangles and an axe stained with blood from the spot as per the seizure list, Ext.4. The Investigating Officer then searched for the accused, but could not get any trace of him till 212.1992. When he got information that the accused had been detained at Sadar PS, Dhenkanal, immediately he went to the P.S. and arrested him from that place. During interrogation the accused when disclosed to have sold some gold ornaments to different persons of village Govindapurand Bijadihi, the Investigating Officer, therefore, proceeded to these places and seized some pieces of gold 'Belapatris' from four persons as per the seizure lists, Exts. 14 to 17. He also seized one Hero Bicycle (M.O.II), said to have been used by the accused from the house of one Cheru Pradhan of village Gadabahali under the seizure list Ext.8.The Investigating Officer also seized the wearing apparels of the accused, namely, one lungi suspecting the same to have contained blood stains as per the seizure list, Ext 19 While arresting the accused, the Investigating Officer (P.W.12) seized 11 pieces of gold 'Belapatris' from his possession under seizure list, Ext.2 He sent the incriminating seized articles through the Sub-Divisional Judicial Magistrate, Kamakhyanagar to the State Forensic Science Laboratory, Rasulgarh, Bhubaneswar, for its chemical examination. The accused was forwarded to Court on 15.12.1992 and after completion of investigation, P.W 12 submitted charge sheet against the accused for the offence aforestated.