SANJIT MANDAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellant-Sanjit Mandal being the convict in Sessions Case No.67 of 1999 (SC No.306/97 of Sessions Judge, Koraput-Jeypore) of the court of learned Addl. Sessions Judge, Malkangiri assails the judgment dated 20.06.2000, whereby he has been convicted for the offence U/s. 457 and 302 of the IPC (hereinafter referred to as "I.P.C." for brevity) and has been sentenced to undergo imprisonment for life.

(2.) Case of the prosecution in short is that one Ananda Sarkar of village M.V.82 lodged a report on 17.07.1997 at about 2 A.M. before the O.I.C., Motu Police Station to the effect that on 16.07.1997 night on a Wednesday, his brother Govinda Sarkar, aged about 23 years, was sleeping in his Book Shop in the Bazar. At about 11.30 P.M., one Parimal Sarkar called him and told him that Govinda is dead and hearing this news, he came running and found a gathering there. He entered into the shop and found the dead body was lying with full of blood and there were injuries on the neck, back, head and hand. He came to know from Jadunath that at about 10 P.M., his brother Govinda and accused Sanjit Mandal were talking on the backside of the Shop. The prosecution further alleged that the accused was not pulling well with his brother due to the reason that 4 years back, the sister of the accused namely Krishna was in love with deceased-Govinda. He agreed for the marriage but the father of Krishna did not agree. Thereafter, Krishna died taking poison. From that day, the accused was not pulling well with Govinda. So, he suspected that the accused might have murdered his brother. He and others went to the house of the accused and found that the accused was absent from his house. He was also absent from the village. So, the informant suspected that the accused after murdering his brother left the village. On the written report of the informant Motu P.S. Case No.13/97 was registered and the matter was investigated. After investigation, finding a prima facie case against the accused, the Investigating Officer submitted charge- sheet under Sections 457 and 302 of IPC. Hence, the accused faced trial for the aforesaid offences.

(3.) In order to prove its case, the prosecution has examined 15 (fifteen) witnesses. P.W.3-Ananda Kumar Sarkar is the informant in this case. P.W.11 is the scribe of F.I.R.