- (1.) THE appellant was put on trial along with seven other accused persons for committing murder of Ganeshwar Paik. The learned trial court having found all the accused persons guilty for the offence under section 302/34 of the Indian Penal Code sentenced each of them to undergo imprisonment for life.
(2.) THE case of the prosecution is that on 13.10.1998 at about 6.p.m. the deceased Ganeshwar Paik as well as his brothers Jitendra Paik, (P.W.2) and Prasanna Paik (not examined) left Mangal Bazar, Anandpur for coming to village home. When they reached at a place called ˜Bhaldungri', the deceased Ganeshwar Paik took another route via Satamri to come to his village whereas the informant Jitendra Paik and his brother Prasanna Paik proceeded to his village on by -cycle through main road. When they proceeded from there, they saw the accused Shashi Naik and Kalindar Naik there, who on seeing the deceased Ganeshwar Paik going to his village left that place hurriedly. Thereupon the informant and his brother followed them. When they reached near an orchard of Bandhu Mukhia, they saw aforesaid two persons sitting with other six accused persons who were armed with arrow and bow as well as tangi. There the informant heard the aforesaid two persons saying to other accused persons that the deceased is going home via Satamri. Upon it, all the persons left that place and he and his brother left home so that they may come back again with bow and arrow but when they proceeded ahead to some distance, they heard the sound of screaming of the brother. Upon it they came to the place of occurrence, where they found their brother dead as he had been beheaded by the accused persons who after seeing them coming, left that place. On the same day at about midnight when Officer -in -Charge of Anandpur Police Station received rumour that some person had been done to death at village Chirumatta , he came to the place of occurrence at about 5 a.m. on the next day, i.e, 14.10.1998 where he recorded the Fardbeyan (Ext.4) of the informant Jitendra Paik (P.W.2), who stated about the occurrence in the manner, as stated above. P.W.2 also stated about the motive wherein it was disclosed that his nephew Demodar Paik had been taken by Etwa Pradhan and Lambu Paik to Punjab to earn livelihood but he did not return, though Etwa Pradhan and Lambu Paik came back to the village and for that, a Panchayati was convened so that both the persons be compelled to bring back his nephew. That apart, the informant divulged that there had been some land dispute also. Upon the said Fardbeyan, case was registered and a formal first information report (Ext.6) was drawn. The Investigating Officer after recording the Fardbeyan held inquest in presence of Garjan Paik ( P.W. 1) and Ram Kishore Pradhan on the dead body and prepared a inquest report (Ext.3). Thereafter the dead body was sent for post mortem examination which was done by Dr. Vijay Kumar Singh (P. W.5), who in course of autopsy found head and upper portion of neck completely separated from the rest of the body. Post mortem report has been proved by the Doctor as Ext.7. The Investigation Officer also seized earth smeared with blood as well as two arrows from the place of occurrence under seizure list (Ext.5) and then recorded the statements of witnesses.
(3.) AFTER completion of investigation, police submitted charge sheet against this appellant as well as seven other accused persons. On committal of the case, charges were framed to which all the accused persons pleaded not guilty and claimed to be tried.;