KAMPAL MISRA AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants Kampal Misra, Purusottam Mallik, Jagadish Mallik along with co-accused Bisikesan Dehury faced trial in the Court of Sessions Judge, Bolangir in Sessions Case No.50 of 1990 for offences punishable under section 302 read with section 34 of the Indian Penal Code on the accusation of commission of murder of Ramesh Mistry in between 14.12.89 and 15.12.89 at village Kadodar under Birmaharajpur police station in the district of Bolangir in furtherance of their common intention. They were also charged under sections 364/34 and 201/34 of the Indian Penal Code on the accusation that on 14.12.1989 at about 4.00 p.m. they kidnapped Ramesh Mistry for committing his murder and caused disappearance of the evidence.

(2.) The prosecution case, as per the first information report lodged by Srimati Mistry (P.W.1) before the officer in charge of Birmaharajpur police station is that on 14.12.1989 at about 4.00 p.m. the son of the informant namely Ramesh Mistry who was aged about 23 years was watching the co-villagers playing cards near Umadei Maheswar Temple and at that time the appellants and co-accused Bisikesan Dehury and others were also sitting there. The informant had been to the grocery shop of one Prahallad and she returned back home after purchasing grocery. While the informant was at home, she heard hullah and at that time, the co-villagers Sashi Beheramali and Krushna Dehuri told her that her son Ramesh Mistry was being assaulted by the appellants as well as co-accused Bisikesan Dehury and was being dragged towards Dolamandap Sahi. The informant was also informed by one of his relatives namely Rukumini about such assault. Hearing about such incident, the informant rushed to the spot but could not find her son there. She was intimated by some of the co-villagers that her son was being dragged towards jungle by the accused persons and he was found in a bleeding condition. The informant called other co-villagers to accompany her to search for the deceased but they did not agree for which the informant returned back home. After the eldest son of the informant namely Khageswar returned back from the weekly market, she disclosed about the occurrence before him. Khageswar and one of the nephews of the informant namely Hrushi went towards the jungle for searching Ramesh Mistry but they could not trace him out and returned back home. The informant suspected that the accused persons might have killed her son and accordingly she presented the report.

(3.) P.W.16 Rajgopal Kar, the officer in charge of Biramaharajpur police station, after registration of the F.I.R., took up investigation of the case, visited the spot, examined the witnesses, searched for son of the deceased but could not get it. He sent requisition to the Superintendent of Police of Bolangir by V.H.F. for utilization of police dog and Scientific Officers for investigation of the case. He tried to search for the accused persons but was not successful. Then P.W.16 sent message to all the police stations of Bolangir district describing the physical features and appearance of Ramesh Mistry for tracing him out.