DEBENDRA SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Debendra Singh faced trial in the Court of learned Adhoc Addl. Sessions Judge (F.T.C.), Khurda in S.T. Case No.2/405 of 2004/2003 for commission of offences under Sec. 302 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on 18/2/2003 at about 12 O' clock in the midnight at Ganganagar Division II Office of P.W.D. (R and B), Bhubaneswar, he committed murder of his niece Rajani @ Tuni (hereinafter 'the deceased'). The appellant along with another co-accused Jumar Parida was also charged under Sec. 201 of I.P.C. on the accusation of carrying the dead body of the deceased in a car and disposing of the same by burning her face and throwing it away in a cashew nut orchard of one Kuber Parida (P.W.16) under the jurisdiction of Tangi Police Station.

(2.) The learned trial Court vide impugned judgment and order dtd. 16/11/2004 has been pleased to hold the co-accused Jumar Parida not guilty of the offence charged and accordingly, acquitted him. However, the appellant was found guilty under Sec. 302/201 of the I.P.C. and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00(rupees five thousand), in default, to undergo rigorous imprisonment for six months for the offence under Sec. 302 of the I.P.C. and to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000.00 (rupees one thousand), in default, to undergo R.I. for one month and both the sentences were directed to run concurrently.

(3.) Prosecution Case: