GANDU SANTRA Vs. STATE

JUDGEMENT

(1.) THIS appeal by the prisoner, Gandu Santra, is directed against the judgment of the learned Sessions Judge of Puri -Nayagarh, convicting him under Section 302, I.P.C. and sentencing him to undergo rigorous imprisonment for life, for having intentionally caused the death of his co -villager, Madhusudan Mohapatra, on June 7, 1957, at village Baulabandha within the police station of Banpur in the district of Puri.

(2.) THE prosecution story briefly stated is this: The deceased Madhusudan Mohapatra was appointed the Managing trustee of Shri Kunja Behad Dev in the village Baulabandha by the Endowment Commissioner, Orissa. The accused and his Brother, Shrinibas Santra, since acquitted, were the hereditary Sevaks of the aforesaid deity. Previous to the appointment of the Board of Trustees the Sevaks were in possession of certain lands belonging to Shri Kunja Behari Dev; but by an order of the Endowment Commissioner they were dispossessed from the lands in November 1956. The Sevaks naturally objected to their dispossession from the khas cultivation of these lands, but the Endowment Commissioner eventually directed the Managing trustee to appoint tenants in respect of the same. Accordingly, several persons including Ramakrishna Tripathy (P.W. 4), Baishnab Tripathy (P.W. 5) and Banambar Swain (P.W. 10) were allotted different parcels of land on execution of Muchalikas (Ext. 3 series) on March 17, 1957. On account of this, it is alleged, the Sevaks bore grudge against the deceased trustee for having dispossessed them. This, the prosecution alleged, was the motive for this offence. It is about the time of the celebration of Champak Dwadashi festival of the deity, Kunja Behari Dev, that the deceased trustee was making arrangements in consultation with the Sevaks regarding the preparation of particular offerings at the festival and asked the Appellant to arrange cocoanuts worth Rs. 2/ - for the same. This happened in the morning of the 7th while the deceased was cleansing his teeth on his verandah and the Appellant was returning from the temple. The Appellant offered to supply the cocoanuts from his own house. At about noon, Shrinibas came to call the deceased while the latter was taking his food to bring the cocoanuts from his house as desired by his brother, the Appellant. Soon after the deceased finished his meal, both of them went to the house of the Appellant where after the deceased was not seen anywhere in the village. Since he did not return home till late in the evening, the members of his family grew anxious and began to search for him. His son, Sadhu Charan Mohapatra (P.W. 1) had been to Sunakhala for selling ready -made garments and returned in the evening when he learnt from his mother, Hadi Bewa (P.W. 2) of his father's going to the house of the Appellant and not returning till then. Thereafter, (P.W. 1) went out in search of his father and knocked at the door of the Appellant which he found bolted from inside. The prosecution case is that Appellant answered from inside his house that the deceased had left long since. He however, did not open his door. Accordingly, P.W. 1 made further unsuccessful searches in the village and eventually informed his villagers P.Ws. 4, 5, 12 and 16 who also knocked at the door of the Appellant at about two Ghadis of the night, but there was no response. They found both the back doors of the Appellant bolted from inside and naturally they suspected some foul play and some P.W. 1 with the village Chowkidar to inform the police at Banpur. The villagers and some other Chowkidars remained on guard over the house of the Appellant. P.W. 1 on his way met the Sub -Inspector of Banpur police station (P.W. 1.8) at the Balugaon Beat house early next morning and informed him about the missing of his father. A station diary entry (Ext. 1) was made by the Sub -Inspector who immediately proceeded to the spot and reached the village at 3 p.m. He found the doors of the Appellant still closed and people watching from outside. On his knocking at the door, the Appellant himself opened the front door of his house. P.W. 18 then enquired as to the whereabouts of the deceased. The Appellant thereupon pointed out the deadbody, of Madhusudan lying in his Dandaghar (front room of the house). The Sub -Inspector found the deceased lying dead with frothy red substance coming out of his mouth and nostrils with marks of injury on his body. Immediately after inquest, he sent the dead body for post mortem examination which was conducted by the Medical Officer of Banpur Hospital (P.W. 19) on June 9, 1957.

(3.) THE investigating officer seized two lathis (M. as III and IV), a rope (M.O.V), a torn piece of cloth (M.O. VI), cocoanut fire (M.O. VIII) and blood stained earth (M.O. VII) from the place where dead body was lying (vide seizure list -Ext 6). On June 9, 1957, he again seized cocoanuts (M.G. XI) from inside the room of the Appellant -vide Ext. 9. On June 14, he further seized paddy plants (M.Os. IX and X) from the deity's land in 'Gantala Chhak' (lands lying on the Suburbs of the village) and the adjoining fields of Godavaris Rath -vide Ext. 8. Lastly, on June 15, he searched the Bari of the Appellant and recovered from a manure pit a napkin (M.O. 1) belonging to the deceased Madhusudan wrapped in a red napkin (M.O. II) belonging to the accused buried inside the earth under seizure list, Ext. 10. The napkin contained suspected stains of blood. Thereafter the Investigating Officer seized certain documents including the Muchalikas relating to the deity's lands from the custody of P.W. 1.