PAULUS ORAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) Paulus Oram (hereinafter referred to as 'the accused') on the accusation of having committed gruesome murder of seven persons, including three children, has been held guilty by the Additional Sessions Judge, Rourkela, under Section 302, Indian Penal Code and sentenced to capital punishment. Challenging the order of conviction and sentence he has preferred appeal from jail. The learned trial Judge after awarding the capital punishment has made the aforesaid reference under Section 366, Criminal Procedure Code, 1973. Both Criminal Appeal and Death Reference were heard together and are disposed of by this common judgment.

(2.) The prosecution case culled out during trial may briefly be stated thus : Johani (mother of the accused), Magi alias Margaret and Berha were three daughters and Phulamani was the widow of one Staines. Magi's husband was Joseph. Phulamani, Paduni and Harman were the daughters and son respectively of Nagi. After death of Staines there was dispute among the three daughters over the properties left by Staines. Some time before the incident, Johani, mother of the accused, convened a village Panch for settlement of the dispute. In the said meeting it is alleged, both accused and his father had declared that there would be blood-shed. At the relevant time, Magi with her husband and three children, sister Berha and mother Phulamani were living in the house of Staines. In order to grab all the properties left by Staines, the accused trespassed into the house in the night of 12/13-7-94 and mercilessly killed all the inmates, namely, his maternal grand-mother Phulamani, mother's sisters Berha and Magi alias Margaret, Margaret's husband Joseph and her three children, and thereby eliminated the entire family. On the next day hearing the lowing and bleating of cows and goats emanating from the house, the villagers rushed inside and to their utter dismay found that the entire family members had been brutally killed. On a written report being lodged by one Bigna Kujur at Bisra Police Station, the Officer-in-charge N.C. Adhya, P.W. 13 registered a case and proceeded with the investigation, in course of which he held inquest over the dead bodies, sent the same for post-mortem examination, seized blood-stained earth, examined the witnesses, arrested the accused who, while in custody, gave recovery of a Bhujali and an axe stained with blood which were seized in presence of witnesses, collected nail clippings and the sample blood of the accused, seized the wearing apparels of the accused and also a Lungi on his production, sent the blood-stained earth, Bhujali, etc. for chemical examination and on completion of investigation, placed charge-sheet against the accused to stand his trial under Section 302, IPC.

(3.) The accused denied the prosecution allegation and pleaded that he has been falsely implicated in the alleged incident.