SURI @ SURESH CHANDRA GOUDO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant along with one Ramesh faced trial for committing an offence punishable under 376 read with Sec. 511/34 and 302/34 I.P.C. on the allegation that they had attempted to commit rape on Sanjukta and further committed murder of her in furtherance of their common intention. Another accused named Pitambar Muduli also faced trial for committing offence under Sec. 201 I.P.C. for having caused disappearance of evidence knowing or having reason to believe that an offence has been committed. Learned Ad hoc Addl. Sessions Judge, Jeypore by his judgment dtd. 18th February, 2003 passed in C.T. No. 6/2002 (S.C. No. 10/2000 of A.S.J./S.C. 255/1999 of Sessions Judge) found accused Ramesh not guilty for the offence under Sec. 376 read with Sec. 511/34 I.P.C. and Sec. 302/34 I.P.C. and accused Pitambar Muduli under Sec. 201 I.P.C. and acquitted both of them under Sec. 235 of Code of Criminal Procedure Learned Ad hoc Addl. Sessions Judge, Jeypore also found the Appellant not guilty for committing offence under Sec. 376 read with Sec. 511/34 I.P.C., but found him guilty for commission of offence under Sec. 302 I.P.C. and convicted him thereunder and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 5,000/ - in default to undergo further R.I. for one year. The said judgment and order of conviction is assailed by the Appellant in this Crl. Appeal filed under Sec. 374(2) of the Code of Criminal Procedure

(2.) The brief facts of the case are as follows:

(3.) On the basis of the F.I.R. lodged, investigation was put to motion. The Police seized some articles from the spot where the incident took place. Accused Pitambar Muduli was arrested on 12.3.1999 and on the basis of his confessional statement while in custody the weapon of offence (sword) was recovered and other accused persons were also arrested. After completion of investigation charges sheet was submitted in the Court of learned S.D.J.M., Jeypore in G.R. Case No. 104/1999 against three accused persons. On being prima facie satisfied that materials are available learned S.D.J.M. took cognizance of the offence and committed the case to the Court of Session for trial.