SIMAN GANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The convict in Criminal Trial No. 28 of 2002 of the Court of ad hoc Addl. Sessions Judge, Gunupur has assailed his conviction under Section 302 of the Indian Penal Code (for short 'the IPC') and sentence of life imprisonment passed on 23-04-2003 by the said Court.

(2.) The prosecution alleged that on 17-06-1998, on a Wednesday, at about 12'o' clock in the noon, the daughter of the informant, Dabida Ganta, whose name was Mika Ganta, aged about 14 years, went towards the eastern side of the village carrying a bamboo basket for collecting Mohuli seeds. That day some times thereafter the accused Siman Ganta of the same village, i.e. Tangarama, also went in the same direction. Till 6 p.m., in the evening the daughter of the informant did not return. As such he along with some others searched her but could not get any trace of her. The accused Siman Ganta also did not return to the village that evening. On 18-06-1998, the informant along with other villagers searched for her daughter. At about 2 p.m., they found the dead body of Mika Ganta lying in Japan forest near Hechamuti Nala. Her neck was cut and there was bleeding from the wound. Her wearing apparels were torn and there was mark of injury on her chest and that she was almost naked. Suspecting the complicity of the accused, the informant lodged FIR.

(3.) In order to bring home, the charges levelled by the prosecution, it examined nine witnesses. P.W.2, Kasta Ganta is the solitary eye-witness, P.W.I, Dabinda Ganta is the informant of this case, who happens to be the father of the victim girl, P. W.6, Chaturbhuja Takiri happens to be the front door neighbour of P.W.I. He corroborates the evidence of P.W. 1 in certain material aspect. He also states about the disclosure statement of the accused and the recovery of weapon of offence. P.W.3, Ganera Kreputika is a witness to the seizure as well as disclosure statement and the seizure of weapon of offence. P.W. 7, Bisiketu Sabar is the scribe of the F.I.R. The rest of the witnesses, namely, P.Ws. 4, 5, 8 and 9 are official witnesses.