STATE Vs. NIRANJAN JENA ALIAS BABULI

JUDGEMENT

(1.) The Additional Sessions Judge, Jajpur by judgment dated 17th January, 2005 passed in Sessions Trial No. 776/ 58 of 2001 convicted the appellant under Section 302, IPC, for having committed the murder of deceased Pravat Ghadei and Kasinath Ghadei and awarded capital punishment of death.

(2.) CONVICT , Niranjan Jena and one Bira Kishore Ghadei were charge -sheeted in Binjharpur P.S. Case No. 172 of 2000 for commission of offence under Sections 302/201, IPC. Prosecution case, in essence, was that in the morning of 16.9.2000 goat of convict Niranjan DAMAGED some harvested paddy of the deceased Pravat Ghadai at the thrashing floor and on this incident, there was a quarrel between the two. The matter was shomehow pacified at the intervention of deceased Kasinath Ghadei, father of the other deceased Pravat Ghadei and convict Niranjan tendered apology. On the next day, when deceased Pravat was carrying paddy bundles from his land to thrashing floor, convict Niranjan came out from his place of concealment, gave a push from the back, and AS A RESULT when Pravat fell down, he (Niranjan) gave successive blows by means of Katuri on the neck of deceased Pravat as a consequence of which the neck of Pravat was almost served and Pravat died instantaneously. Immediately thereafter convict Niranjan rushed to the thrashing floor where Kasinath and one of his labourers Dasaratha Das were stacking paddy bundles. He dealt two blows on the neck of Kasinath with the same Katuri. As a result, the neck of Kasinath was completely cut and he also died at the spot. One Kartik Ghadei, who was working in the neighbouring field, on seeing the occurrence, raised nullah in the village and then lodged a report in Bari Police Out -post. Basing on that report, investigation was undertaken, in course of which witnesses were examined, incriminating articles were seized, post mortem examination conducted. In course of investigation, it was learnt that after committing th0 offence, convict Niranjan had handed over the weapon of offence, i.e., Katuri, to one Bira Kishore Ghadei. Basing on the information given by said Bira Kishore Ghadei, the weapon of offence was recovered from a nearby paddy field. On completion of investigation, both Niranjan and Bira Kishore were charge -sheeted under Sections 302, and 201, IPC.

(3.) IN order to establish the charges, prosecution examined 11 witnesses and proved several documents marked Exts.1 to 13. the Bamboo Bahungi used by deceased Pravat and the Katuri, i.e., the weapon of offence were marked M.Os. 1 and II respectively. No witnesses, documents or material objects were produced from the side of the defence.