RAJIBA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal by the accused is directed against the judgment dated 16.05.2006, passed by the Additional Sessions Judge, Rayagada, in Criminal Trial No. 39 of 2005, holding him guilty under Sections 302/201/404 Indian Penal Code & convicting him thereunder.

(2.) THE case of the prosecution, in brief is that the informant Gaja Naik (P.W.3) is the grand -father of deceased Sulochana. Four years prior to the incident, the daughter of the informant Aparna & her husband expired. After their death, the informant was looking after their children including the deceased, who was their second daughter & was aged about ten years at the time of her death. The deceased & her sisters were staying in village Karli in their father's house, whereas the informant was staying at his village Maribhata. About one year back, on a Thursday while the informant was present in the house, one Tahasil Naik came to his house & informed him that the day before Sulochana went to Tikiri along with the accused. The accused returned back to the village in the night but Sulochana did not return. He further informed that they were searching for Sulochana but could not get her trace. On receipt of such information, the informant came to village Karli & searched for Sulochana & not being able to get any trace of her, he lodged written report at the Tikiri Police Station regarding missing of his grand -daughter Sulochana. Thereafter, he continued to search for Sulochana & during his search, he met Suru Naik of village Kaliakana, who disclosed before him that near village Chhatamba, the accused murdered Sulochana & threw her dead body. Accordingly, the informant went towards village Chhatamba & searched for Sulochana & near village Bhaludangar, he found the dead body of Sulochana lying on the ground & her face was completely damaged. The informant again, went to the police station & narrated the incident before the police, which was reduced into writing by the O.I.C., Tikiri Police Station & was registered as an FIR vide Tikiri P.S. Case No. 84 dated 20.12.2004.

(3.) THE plea of the accused was one of complete denied & that he has been falsely implicated. It was further pleaded by the defence that Suru Naik (P.W.11) & Linga Naik (P.W.12) have murdered Sulochana & threw her dead body at Bhaludangar, which the accused could came to know from Rabi Naik & Rajendra Naik & that he had been to the Police Station to inform the matter but the police did not enquire into the matter & instead arrested him & that he has been falsely implicated in the case.