GANDHA MOHARANA AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 1.2.2002 passed by learned Sessions Judge, Mayurbhanj -Baripada, camp at Karanjia convicting the Appellants under Sections 302/34, IPC and sentencing them to undergo rigorous imprisonment for life in S.T. Case No. 184 of 1999, is assailed in this Criminal Appeal.

(2.) SHORN of unnecessary details, the prosecution case, in short, is that on 6.5.1999 at about 8 A.M. Madha Behera and his wife Rangadei Behera had gone to Satakosia weekly market to sell earthen pot. They returned from the market at about 5. 30 P.M. after purchasing certain household articles. The cousin brother of the deceased and his wife Sujuni Behera had also gone to the market and met them on way back to their house near Duarshuni crossing. The villagers like Gandha Maharana, Sura Maharana, Sambaria Naik (P.W. 5) and Suryo Ho were also returning to the village and all of them met at the crossing. According to the informant, he felt thirsty and went with Harekrushna (P.W. 2) and other family members to the nearby tube well to drink water. Thereafter, they proceeded to the village. On the way he also met his sister -in -law, who enquired about his brother. They waited a while so that his brother Madha would return to the spot, but Madha did not return for quite some time. While the matter stood thus, Surya Ho was found returning to the village in his bicycle. Sambaria Naik (P.W. 5) gave 4 kgs. of rice to the informant at the weekly market with a request to hand over the same in his house. At about 9 P.M. Sambaria Naik came to the house of the informant and enquired about the rice. The informant asked him about the whereabouts of his brother Madha, but he did not answer. In the next morning, the informant on the way found his sister -in -law and her daughter going towards Duarshuni with cooked rice. On being asked, his sister -in -law told him that her husband Madha did not return to the house at night and they were going in search of him. Thereafter, the informant in his bicycle proceeded through the forest road. On the way, he found his brother Madha lying dead on the road, He noticed that blood was oozing from his nose and mouth and there were also marks of injuries on his forehead. He returned and informed the fact to his sister -in -law. Thereafter, some of the gentlemen of the village came to the spot and guarded the dead body and the matter was reported at the police station. In the F. I. R, it is further stated that Madha had some disputes with Qandha Maharana, but then he same was compromised in Court. He suspected that Gandha Maharana and his brother, who went with Madha on the previous day evening to drink 'Handia' while returning from the weekly market had assaulted his brother Madha. On the basis of the information received, a police case was registered and investigation commenced. During the investigation, the garments of the deceased were seized, inquest was conducted over the dead body, which was sent for post mortem and after completing other paraphernalia's , charge -sheet was submitted against both the accused in G. R. Case No. 152 of 1999. After taking cognizance of the offence, the case was committed to the Court of Session for trial.

(3.) THE prosecution in order to substantiate their case got examined 12 witnesses. P.W. 1 is the informant. P.W. 3 came to know from P.W. 1 about the incident. P.W. 4 asserts that he has seen the occurrence. P.W. 5 saw Madha in the company of the accused. P.W. 6 saw the deceased and the accused persons together. P.W. 7, the widow deposed about presence of the accused persons near the road crossing. P.W. 8 is the constable, who accompanied the dead body. P.W. 9 is the Gramarakht. P.W. 10 is the doctor, who conducted autopsy, P.W. 11 is the C. I. of Police, who seized the wearing apparels and submitted charge -sheet, P.W. 12 is the O.I.C. who had received the F.I.R. and conducted preliminary examination and had seized a pair of chapals of the deceased from the spot.