SUKANTA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenging the judgment and conviction order dated 20-11-1992 passed by the 1st Addl. Sessions Judge, Ganjam, Berhampur in Sessions Case No. 39/91 (150/91-GDC) under Sections 302 and 201 of the Indian Penal Code (in short, 'IPC') the accused No. 1 of that case has preferred this appeal.

(2.) It reveals from the lower Court record that appellant is the husband of late Kairi Beherani (hereinafter referred to as 'the deceased'). It is alleged that on 9-3-1991 during day time the appellant by chasing and dragging assaulted her by means of a bamboo stick. The occurrence of assault at different spot was witnessed by some of the villagers and out of them three witnesses, namely, Ananta Behera (P.W. 2), Kamala Beherani (P.W. 3) and Jhampura Behera (P.W. 4) were examined. The mother of the deceased (P.W. 1), who had gone outside during the day time, returned to the village in the evening and on learning about the death went and saw the dead body of the deceased which was lying with multiple bleeding injuries. Appellant though present there did not tell anything to her. In the night of 9-3-91 appellant sought for the help from the co-accused, i.e., accused Nos. 2 to 7 and with heir help by the next date (10-3-91) morning cremated the deceased. The officer-in-charge of Golanthara police Station getting information from a floating rumour about this death at about 1.30 p.m. registered it as a case of unnatural death in the Station Diary and reached the occurrence village. The Investigating Officer (P.W. 5) had also accompanied him and at that initial stage assisted in enquiry. P.W. 1 and other villagers (witnesses) who had gone away from the village out of fear returned to the village on 11-3-1991 after hearing the news of arrival of police. P.W. 1 lodged a written report (Ext. 1) and thereafter the case was registered under Section 302, IPC and P.W. 5 undertook the investigation.

(3.) During the course of investigation besides visiting the spot and collecting incriminating materials he also examined witnesses and seized blood-stained wearing apparels of the accused and the deceased, collected ash and bones with the help of Scientific Officer and sent those to the F.M.I. as well as the State Forensic Science Laboratory and obtained opinion report. On completion of investigation the Investigating Officer submitted charge sheet under Section 302, IPC against the appellant and under Section 201/34, IPC against all the seven accused persons including the appellant. Charge was accordingly framed and when explained accused persons pleaded not guilty and claimed for trial.