NAKULA BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this CRA, the sole appellant assails his conviction and sentence to undergo imprisonment for life for commission of offence under Section 302 of the I.P.C. and to undergo imprisonment for one year for commission of offence under Section 201 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) recorded by the learned Sessions Judge, Kalahandi- Nuapada, Bhawanipatna in Sessions Case No.75 of 1999 vide the judgment of conviction and order of sentence dated 28.03.2001. In the said case, it has further been directed that both the sentences are to run concurrently.

(2.) The case of the prosecution in short is that on 17.04.1999 at about 5.30 P.M. the complainant Kalakanhu Dhangada Majhi of village Kapsara appeared before the Officer-InCharge of Sadar Police Station, Bhawanipatna and presented a written report alleging therein that on 08.04.1999 at about 7.00 P.M. his son Bibachha Dhangada Majhi went away to somewhere after taking his night meal wearing pant and shirt and holding a torch light and did not return even on the following morning. As such, his family members searched for him, far and near the village, and could not trace him out. On 17.04.1999 at about 12.00 noon, he came to know that a dead body of a person was lying near the Dengachanchara Nala. He went there and after due verification identified the dead body of his son from the sight of his shirt on the body and Turkish towel lying near the dead body which belonged to his son Bibachha Dhangada Majhi. He further reported that some unknown persons have killed his son and thrown his dead body there. The Officer-in-Charge, Sadar Police Station, Bhawanipatna registered the case and investigated the same. 2.1. In course of investigation, the Officer-in-Charge, Sadar Police Station, Bhawanipatna examined the witnesses, held inquest on the dead body of the deceased, made seizures, dispatched the dead body of the deceased for post-mortem examination, arrested the accused persons, recorded the statement of the sole appellant under Section 27 of the Indian Evidence Act, 1872 (hereinafter referred to as "the Evidence Act" for brevity) and sent the material objects for chemical examination and upon completion of the investigation, submitted charge-sheet under Sections 302 and 201 read with Section 34 of the I.P.C. against six persons including the present appellant treating him to be the main accused.

(3.) In this case, the defence took a plea of simple denial and false accusation. Only the appellant was convicted and rest of the accused persons were acquitted.