BUDAI ALIAS BHAGABHAN MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment 31.08.2004 passed by Shri J.K. Dash, Ad hoc Addl. Sessions Judge, Fast Track Court, Baripada, in S.T. Case No. 23/94 of 2004, holding both the appellants guilty of offences under Sections 376(2)(g)/302/34 IPC and convicting them thereunder.

(2.) The prosecution case, as it reveals from the FIR dated 18.11.2003, is that one Samar Hansda (PW1) filed a written report before the Baisingha P.S., which was registered as U.D. Case No. 12 of 2003 and the ASI of Police, Baisingha P.S. (PW10) was entrusted to enquire into the matter. As per the written report of PW1, on 17.11.2003, in the afternoon, his sister Sitamani Hembrem had gone to the house of Sukul Hembrem (PW4) for observing Prathamastami festival but she did not return and on the next day, her dead body was recovered from the paddy field near village Purusottampur. PW10 during his enquiry ascertained that both deceased Sitamani and Sukul had frequent access to each other and were having regular sexual relationship. In the enquiry, it further revealed that on the date of occurrence, i.e. 17.11.2003 in the evening, while the deceased Sitamani and Sukul were returning near Purusottampur, both the accused persons, namely, Budai @ Bhagaban Murmu and Fakir Soren, followed them and in an isolated place, both the accused persons assaulted Sukul (PW 4), terrorised him and dragged Sitamani to the paddy field and forcibly raped her despite her protest and thereafter killed her. On the basis of the said enquiry, the ASI of Police, Baisingha P.S. (PW10) lodged the FIR, which was registered as Baisingha P.S. Case No. 104 of 2003.

(3.) The O.I.C. of Baisingha P.S. (PW11), took up investigation and during investigation of the case, he prayed before the S.D.J.M., Baripada, for recording of the statements of Sukul (PW4) under Section 164 Cr.P.C., which was recorded as per Ext. 16 and PW4 was sent for medical examination. On 29.11.2003, the I.O. arrested both the accused persons, seized their wearing apparels, which were sent for chemical examination. After completion of the investigation, the C.I. of Police, Betanati P.S., filed charge sheet against the accused persons under Sections 376(2)(g)/302/201/34 IPC.