BISHIKESHAN BAGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 7/16 of 1999 convicting both the Appellants for commission of offence under Section 302/201/34 of the Indian Penal Code (in short 'I.P.C.') and sentencing each one of them to undergo imprisonment for life for commission of offence under Section 302 of the I.P.C, three years imprisonment for conviction under Section 201 of the I.P.C. and fine of Rs. 500/ - each, in default, to further undergo R.I. for six months each. However, both the sentences were directed to run concurrently.

(2.) THE case of the prosecution as revealed from the F.I.R. is that on 20.3.1998 at about 10 A.M. the deceased had left for Haradakhol High School where he was working as Headmaster. He had kept his cycle in a shop two kilometers away from Tarava at a place called Bairasar Chhak. When the deceased did not return home on that day, his family members got worried. On the next day, they went in search of the deceased but did not find him. Accordingly, a missing report was submitted not only at Bolangir but also at Tarava and Sonepur. In spite of search made by police, the whereabouts of the deceased could not be known. On 2.4.1998 P.W.1, the wife of the deceased, received an anonymous letter wherein it was mentioned that the deceased had been murdered by both the Appellants and one Debarchan Chaulia. It was also written in the said letter that both the Appellants had taken the deceased in a scooter to Gurupalli via -Sonepur -Burda Road and killed him. On the basis of the said letter, again search was conducted and on 4.4.1998 P.W.24, the A.S.I. of Tarava Police Station, seized five numbers of small and big stones stained with blood, some sand mixed with oil and one open match box. Apart from the above, two torn pieces of coffee colour pant which were burnt and three pieces of burnt bones, one plastic jerrican with "Samantaray" written in red on it were seized. On 5.4.1998 some further seizures were made. P.W. 26, who was then C.I. of Police, Sonepur took up investigation and on 8.4.1998 he seized one sky cement colour full shirt with pocket stained with blood, one deep blue colour full pant and Bajaj Super Scooter from the house of the Appellant Brundaban Sahu. On the very same day he also seized one deep blue colour full pant along with one blue cement colour full shirt stained with blood from the house of other Appellant Bisikesan Bag. On the basis of these materials collected in course of investigation, charge -sheet was submitted for commission of offence under Sections 302/201/34 of the I.P.C. against both the Appellants.

(3.) SHRI N.C. Pati, the learned Counsel appearing for the Appellants assailed the impugned judgment on the ground that there is no material whatsoever to convict the Appellants. To substantiate his submission, the learned Counsel drew attention of the Court to the evidence of the witnesses examined in course of trial. The learned Counsel Sri Pati appearing for the Appellants submitted that there is no evidence to show that the deceased was last seen with the Appellants or the Appellants had any reason to commit murder of the deceased. Even the dead body of the deceased had not been identified and only on the basis of an anonymous letter written by someone, the charge -sheet was submitted and the trial court also in absence of any evidence found the Appellants guilty of the charges only on suspicion.