STATE OF ORISSA Vs. DANDASI BEHERA AND ANR.

JUDGEMENT

(1.) The judgment dated 22nd March, 1996 passed by learned District and Sessions Judge, Ganjam -Gajapati, Berhampur acquitting the accused persons from the charges under Sec. 302/ 201/34 of the Indian Penal Code in S.C. No. 422/1995 is assailed by the State of Orissa in this Government Appeal.

(2.) The criminal action was set to motion on the basis of an F.I.R. filed on 26.7.1995 at Golanthara Police Station alleging commission of offences under Ss. 302/201 read with Sec. 34 of the I.P.C.. It is alleged that Dandasi Behera is the husband of Paradesi Behera. They are resident of village Jugudi under Golantahra Police Station. Kanhei Sahu was the co -villager and was also the Sarpanch of Siala Grama Panchayat. On 26.7.1995 at about 7.30 A.M. Udaya Chandra Sahu (P.W.1) lodged the F.I.R. alleging that in the night of 24.7.1995 Kanhei Sahu took his meal and left the house and did not return thereafter. On the following day, the family members searched for him, but in vain. It was learnt that Kanhei Sahu after leaving his house went to the betel shop of Magi Sahu (P.W.4) and took some mixture and went away. Thereafter his whereabouts were not known. In the morning of 26.7.1995, P.W.2 found a dead body kept in a gunny bag, floating in the "Mathatota Pond" and intimated the said fact to the informant. The informant went to the pond and identified the dead body to be that of Kanhei Sahu and rushed to the Golanthara Police Station and submitted the F.I.R. before P.W.11, the O.I.C. of the said Police Station.

(3.) On the basis of such report investigation commenced. In course of investigation the O.I.C. visited the spot, sent requisition for police dog and scientific team, held inquest over the dead body and sent the same for post mortem examination. The police dog took smell from the dead body and went to the house of Kanhei Sahu (deceased) thereafter tracing the smell of a chapal, the dog proceeded towards the pump house of the accused persons and caught hold of them. It was found that the floor of the house of the accused persons had been washed thoroughly by using cow -dung but sprinkles of blood stains were noticed on the walls of the room. A "Kantha" was also found which was stained with blood. P.W.11 seized the same. While the accused persons were in police custody, they gave recovery of one "Kati" with iron handle said to have been used for committing the offence. The same was stained with blood. Another "Hemadasta Pua" stained with blood was also seized. It is stated that accused Dandasi while in police custody made a statement and led the I.O. and the witnesses to the Pump House and gave recovery of the "Kati", two pillows, one saree, one lungi, one cloth bag and two torn clothes, all stained with blood; which were seized by -the I.O. The scientific team collected cement wall scraping, stained with blood each from the house of the accused persons. Thereafter the I.O. arrested both the accused persons and forwarded them to Court and were remanded to custody.