GEJA SAGAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal by the accused-appellant is directed against the judgment dated 11-5-2005 passed by the addl. Sessions Judge, Rourkela, in Sessions trial No. 120/14. /2004, holding the accused guilty of offence under Section 302 ipc and convicting him thereunder.

(2.) THE case of prosecution, in brief, is that the accused, who is a married person had fallen in love with his neighbour Rengi (P. W. 2) a 16 year old girl, who actually loved one Bijaya Prasad (P. W. 10), which was resented by the accused. In the night of 24/25-12-2003, the mother of Rengi had gone to her native place leaving behind her daughter and two younger children. In that night, rengi (P. W. 2) was talking with her boy friend Bijaya Prasad (P. W. 10) upto 10 p. m. and seeing this the accused Geja Sabar abused Bijaya Prasad (P. W. 10) as to why he was talking with Rengi (P. W. 2) upto such late hour in the night and cautioned him. The accused then came to Rengi and also charged her why she was talking with boys in the late hour of the night. Rengi (P. W. 2)ignored such comment of the accused and replied that it was none of his business. The accused felt hurt and went away. On that night, Susama, the daughter of informant had come to the house of Rengi (P. W. 2) for sleeping, as the mother of Rengi had gone away. At about 10. 30 p. m. deceased susama, Rengi (P. W. 2), her brother Sanjay, sister Raimani and neighbour Usha Induar (P. W. 6) slept in the room. In the late hour of the night, the accused entered inside the house of Rengi (P. W. 2) after pushing open the backside tin door and throttled Susama, who was sleeping near the entrance, on the impression that she was Rengi and in the process killed Susama. At that point of time, electricity which had gone off, suddenly came and the room was illuminated and rengi who had woken up on hearing abnormal sound caused by the accused, saw him bending over Susama. Rengi (P. W. 2) challenged the accused as to what he was doing there near Susama at that late hour of the night. Accused realized then that he had wrongly throttled Susama thinking her to be Rengi and on seeing that Rengi is alive, caught hold of her neck in order to kill her. Rengi (P. W. 2) pushed the accused and could manage to escape through the front door, shouting loudly for help. Being unnerved, the accused fled away from the house through the backside tin door.

(3.) ON hearing the shout of Rengi (P. W. 2) other occupants of that room had woke up except Susama, the daughter of the informant, as she had died. On hearing commotion, others gathered at the house of rengi and so also the informant and on coming to know that Susama has been throttled and killed by the accused, FIR was lodged by the father of the deceased Susama which was registered as Rourkela Plant Site P. S. Case No. 428/169 of 2003. Police arrived at the spot, conducted the inquest over the dead body of Susama and despatched it for post mortem examination. Subsequently, the accused was arrested and his wearing apparels were seized and after completion of investigation, charge sheet was filed against the accused for committing the murder of Susama.