BUCHU ALIAS SHYAMSUNDAR HEMBRAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This, Criminal Appeal is filed challenging the order of conviction and sentence passed by learned Addl. Sessions Judge, Balasore convicting the appellant under Sections 302/201, IPC and sentencing him to undergo rigorous imprisonment for life under Section 302, IPC and rigorous imprisonment for two years under Section 201, IPC with a direction that both the sentences shall run concurrently, in S. T. Case No. 3/143 of 1995.

(2.) The prosecution version, as unfolded during trial, is as follows :- Sapan Kumar Sahu, a boy aged about fourteen years was working in a hotel at Chandipur in the district of Balasore. He had a habit of playing with his friends in the evening after completion of the hotel work. On 10-4-1995 as usual, he went to play along with the accused behind the P.W.D. Inspection Bungalow on the sea-shore. Sapan did not return to hotel till 9 p.m. P.W.I, the proprietor of the hotel after searching for him could not know his whereabouts and informed the said fact to his uncle (Badabappa). On the next day early morning at about 3 O'clock the aunt of Sapan went in search of him to the sea-shore, Behind the Inspection Bungalow near the stone embankment, she found the pant, torn banyan and napkin of Sapan. She came and informed the said fact to the informant (P.W. 1) and thereafter number of people along with the Ward Member (P.W. 7) went in search of Sapan, but in vain. Thereafter, P.W. 1 reported the matter by filing, an FIR before OIC, Chandipur Police Station on 3-6-1997. On the basis of the FIR, the OIC, Chandipur Police Station initiated the investigation. In the meantime, the informant, P.W. 1 came to know that on the fateful day Sapan was playing with the accused. On suspicion, he along with others and the police party went to the house of accused in the mid night and arrested him. He confessed before the police and the Executive Magistrate that he had killed Sapan. On receipt of this information, the police party and the Executive Magistrate and other Witnesses went to the place where the deceased had concealed the dead body. The accused pointed out the place where he had concealed the dead body of Sapan and the police recovered the dead body, Prepared spot map, made inquest and sent the same for post-mortem examination. After completion of investigation, the Investigating Officer (P.W. 17) submitted charge- sheet against the accused in the Court of learned S.D.J.M., Balasore. After perusal of the records and on being satisfied that prima facie materials are available, learned S.DJ.M. took cognizance of the offence and committed the case to the Court of Session.

(3.) As the accused pleaded innocence, trial was held.