ATAKA DHOBALA Vs. STATE OF ORISSA
LAWS(ORI)-1988-12-19
HIGH COURT OF ORISSA
Decided on December 07,1988

ATAKA DHOBALA Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

V.Gopalaswamy, J. - (1.) This appeal is preferred against the judgment of the Additional Sessions Judge, Koraput, Jaypora, convicting the accused-appellant under sections 302 and 201, I.P.C. and sentencing him thereunder to undergo imprisonment for life on the first count and to suffer rigorous imprisonment for seven years under the second count with a direction that the sentences should run concurrently.
(2.) The prosecution case, briefly stated, is as follows: The accused and the deceased are residents of Pakeri village within Kalyan Singhpur P.S in Koraput district. On the morning of 8.4.1982, a Thursday, the deceased went to Kalyan Singhpur with Rs. 50/- for purchasing rice and other articles and thereafter he did not return home. From the next day onwards the relatives of the deceased and his co-villagers started searching for him but they could not find him. During the course of such search, on 14.4.1982 in the afternoon, the search party found a half burnt dead body lying at a little distance from Kurkuti Amba Jhola and there were also signs that the body was dragged to the place where it was found lying. Then the villagers thought that the deceased was murdered and that the half burnt dead body lying there belonged to him. As there was a quarrel between the accused and the deceased on Wednesday immediately preceding the date of the occurrence, the villagers had a suspicion against the accused that he might have been involved in the commission of the murder of the deceased. P.W. 6 orally reported about the occurrence to P.W. 7, the O.I.C., K. Singh Police Station, and his oral report was reduced into writing and the same was treated as the F.I.R. in the case. On the basis of the F.I.R. the police proceeded with the investigation of the case and the investigation disclosed that it was the accused who committed the murder of the deceased. On completion of the investigation, charge sheet was submitted against the accused under sections 302/201, I.P.C.
(3.) The plea of the accused is one of denial. No witness was examined on his behalf in support of the plea.;


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