BUDHURAM GAGRAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for commission of offence under Section 302 I.P.C. and sentenced to imprisonment for life by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No.169/2000, has preferred this appeal from jail.

(2.) THE case of the prosecution is that on 04.03.2000, the O.I.C. Mahuldiha P.S. while enquiring into a U.D. Case of that Police station came to know that one Mukta Khuntia had certain illicit relationship with the accused Budhuram Gagrai. This accused and the victim girl Mukta were reading in the Agragami Night School opened at the village. Both being the students of that school began to love each other and Mukta became pregnant out of the sexual relationship between them. The father of the girl approached the parents of the accused who confessed his relationship with the girl. A meeting was called in the village, where the parents of the accused agreed to accept Mukta as their daughter -in -law. On 24.02.2000, the accused and his younger brother came to the house of Mukta. The accused told the father of the girl to take her to his own house in order to keep her as his wife. So, Siddu Khuntia, the father of the girl left Mukta in custody of the accused and his younger brother. When all these three persons were going to their own house situated at a distance of 1 1/2 K.Ms from the house of Mukta, they decided to take rest in an abandoned house. By that time Mukta was already pregnant. The accused gave certain poison to the girl and advised her to sleep in the forest for the night. In the early morning Mukta felt uneasy and her head started reeling. Then the accused took her to the nearby forest and administered her another dose of poison by giving an impression that she would get relief. The accused and his brother left Mukta alone inside the forest and went away to their house. On 25.02.2000, the father of the victim got information that his daughter Mukta had not reached the house of the accused. So, he started to search for the girl and after 6 to 7 days found the dead body of Mukta inside the forest in a decomposed state. The matter was reported to the Police and a case was registered. After completion of investigation, charge -sheet was filed against the accused.

(3.) IN order to prove its case, prosecution examined nine witnesses including the doctor and exhibited eleven documents, whereas none was examined on behalf of the appellant.