Decided on November 16,1988

Emil Soren Appellant
STATE Respondents


D.P. Mohapatra, J. - (1.)IN this appeal the Appellant Emil Soren one of the accused persons in Sessions Trial. No. 90 of 1982 of the court of the Sessions Judge, Sundargarh challenges his conviction under Sections 302/34 I.P.C. and the sentence to undergo R. I. for life.
In the said case, the Appellant, Soma Munda and one Belko Mahakud were charged under Section 302 read with Section 34 of the I.P.C. for sharing the common intention to commit murder of one S. Soren Bhengra and in furtherance of such common intention having committed murder by intentionally causing the death of the said deceased.

(2.)THE prosecution case, in brief was that the deceased, his wife Hiramani Bhengra' (p.w. 5) and their three small children, were living in village Harischimdrapur under Koida police station in the district of Sundargarh. Accused Emil Soren had served as a servant in their house for a week about two months prior to the occurrence which took place at midnight .on 9 -6 -1982. After working for about eight days Emil Soren had voluntarily left the house of the deceased. About a week prior to the occurrence on a Tuesday the deceased found him (Emil) hiding in his goat shed. On being questioned the accused replied that he had come to take his Lungi. Thereafter, he left the place saying that he would not serve him any longer. It was the further case of the prosecution that on the date of occurrence, i.e. on 9 -6 -1982 the deceased returned home at about 9 p. m. in the night. Some time thereafter the inmates after taking their night meal went to, bed. At about mid -night the three accused persons forced their way into the bed room by opening the front door; one of them focussed the torch light' and the other two dragged the deceased outside there was scuffle between the accused persons and the deceased. At that time one of the culprits rushed towards Hiramani (p.w. 5), she dealt him a blow with a lathi and then be shouted to the others to filed away and they all went towards the road. When the deceased was chasing them be was assaulted by the culprits on the road in front of his gate. The deceased while coming back asked his wife Hiramani if she was able to identify the culprits. Hiramani told him that one of those culprits looked like the servant who was working in their house. At that time the deceased fell down on the ground and succumbed to the injuries sustained due to assault by the culprits. Hiramani then noticed that her husband bad sustained severe bleeding injuries on his back. It was also the case of the prosecution that during the incident when Hiramani wanted to save the life of her husband one of the culprits assaulted her as a result of which she also sustained injuries on her person.
On the same night Hiramani (P. w.5) went to Koida Police Station at a distance of about 6 km. from her house and lodged the F. I. R. Ext. 7, at about 4.30 a.m.. On receiving the report, the Officer -in -charge of the Police Station (p.w. 8) took up investigation. During investigation he held inquest over the dead body and despatched it for post -mortem examination and requisitioned the services of police dog from Rourkela.. The dog getting smell from a handkerchief lying at the spot led the dog master, p.w. 4,1. O. (p.w. 8) and Anr. witness (p.w. 7) to the house of one Ghasia Munda in village Sidima, situated at a distance of about 7 to 8 kms. from the spot. The I. O. searched that house and recovered one knife, M. O. II, one cycle chain, M. O. III, one two called torch light and some clothes as per seizure list Ext. 16. The I. O. then arrested Emil Saren from Sidima jungle and the other two accused persons from the house of Ghasia Munda. Hiramani (p.w. 5) and accused Emil who had sustained some injuries were medically examined by p. w, 1. The to also seized some articles like Lathi, M. O. I, knife M. O. II, Chappals, M. O. VI red handkerchief, M. O. IV and steel chain (neck -lace) M. O. VII which were lying scattered at the spot as per seizure list Exts. 9 to 15. On completing the investigation he submitted the charge -sheet against all the accused persons under Sections 302/34 I.P.C. . The Sub -divisional Judl. Magistrate Bonai committed the case to the court of session for trial.

(3.)THE accused persons pleaded not guilty to the charge and denied their complicity in the crime as alleged against them. Accused Emil Soren in his examination under Section 313 Code of Criminal Procedure denied that be had served in the house of the deceased as a servant at any time; had come to the house of the deceased to take back his Lungi prior to the occurrence and also denied about his medical examination by the doctor . (p.w. 1) on police requisition. According to him, he was arrested from the house of Ghasia Munda of Sidima, where be was staying.

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