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1982 Supreme(Ori) 57
ORISSA HIGH COURT
N. K. DAS AND R. C. PATNAIK, JJ.
THE STATE
VERSUS
KANHU CHARAN BARIK, (ACCUSED)
Death Reference No.1 of 1982 and Criminal 35 of 1982,
Decided on : 5 -4 -1982.
The court must consider all the evidence, including the motive, opportunity, conduct, and extrajudicial confession of the accused, in order to determine guilt beyond a reasonable doubt.
Headnote:
The appellant, Kanhu Barik, was convicted under Section 302 of the Indian Penal Code for the murder of Gouri, the wife of Laxmikanta Choudhury, a Superintending Engineer in the Lift Irrigation Department. The appellant was employed as a temporary hand in the department and was assigned to work in the residence of Choudhury. The prosecution's case was that the appellant had the motive and opportunity to commit the crime, and that various circumstances, including his conduct, subsequent escapement, and giving false identity, established his guilt. The appellant denied the charges and claimed alibi. The trial court convicted the appellant and sentenced him to death. On appeal, the High Court upheld the conviction but reduced the sentence to life imprisonment.
Fact of the Case:
On February 2, 1981, Gouri was brutally killed in her residence between 11.30 a.m. and 1 p.m. The appellant was the only other person present in the house at the time. He initially told the police that Gouri had left in a white Ambassador car, but later changed his story. Bloodstains and foot prints were found at the scene of the crime, and the appellant's trouser was found to contain a gold ring and keys belonging to Gouri. The appellant also made an extrajudicial confession to two witnesses, admitting to the murder.
Finding of the Court:
The High Court found that the prosecution had established the appellant's guilt beyond reasonable doubt. The court considered the evidence of motive, opportunity, the appellant's conduct, his subsequent escapement, and the recovery of incriminating materials. The court also found that the appellant's extrajudicial confession was voluntary and reliable. The court rejected the appellant's alibi defense, finding that the witness who supported it was unreliable.
Issues: 1. Whether the prosecution had established the appellant's guilt beyond reasonable doubt. 2. Whether the appellant's extrajudicial confession was voluntary and reliable. 3. Whether the appellant's alibi defense was credible.
Ratio Decidendi: The High Court held that the prosecution had established the appellant's guilt beyond reasonable doubt based on the following factors: * The appellant had the motive and opportunity to commit the crime. * Various circumstances, including the appellant's conduct, subsequent escapement, and giving false identity, established his guilt. * The appellant's extrajudicial confession was voluntary and reliable. * The appellant's alibi defense was not credible.
Final Decision: The High Court upheld the appellant's conviction under Section 302 of the Indian Penal Code but reduced the sentence to life imprisonment.
JUDGEMENT
Patnaik, J.:- Reference has been made under S.366 of Criminal P. C. by the Court of Session, Puri, for confirmation of the sentence of death imposed by it on Kanhu Charan Barik upon his conviction under S.302 of Penal Code. There is also an appeal by Kanhu against the conviction and the sentence passed by the Sessions Judge. Both the reference and the appeal have been heard analogously and are being disposed of by this judgment.
2. A tragedy descended upon the family of Laxmikanta Choudhury on 2-2-1981. Gouri, his wife and mother of Umakanta and Anita, was brutally killed between 11.30 a.m. and 1 p.m. that day.
3. Laxmikanta Choudhury was serving as a Superintending Engineer in the Lift Irrigation Department of the Government and was posted at Bhubaneswar. As no post of orderly attached to residence had been sanctioned, two persons, namely, Satrughna and Kanhucharan Barik, had been spared by the office for rendering service in the residence of Sri Choudhury. Initially, Kanhu was staying outside and performing work in the residence. From Dec. 27, 1980. Kanhu used to stay in the residence of Sri Choudhury. Besides, one Basudeb Rout, borne on the muster roll of the office, had been assigned, after Satrughna was withdrawn. He was, however, staying outside and did work in the mornings and evenings.
4. Sri Choudhury was to go to Berhampur in connection with government work. So, he informed the members of his family on Feb, 1, 1981 that he would be leaving Bhubaneswar in the morning of the next day and returning from Berhempur the day after, i.e., Feb. 3, 1981. Kanhu also was present at that time and knew about the tour programme of his master. The other inmates of the house besides Kanhu were Gouri, wife of Sri Choudhury, and Umakanta (Mitul and Anita (Lipi), the children of Sri Choudhury. Umakanta was studying in the college and Anita in the St. Joseph's Convent. As usual, on Feb. 2. 1981, Lipi (P. W. 17) left for her school around 8 a.m. As per programme. Sri Choudhury (P. W. 251 left for Berhampur in his vehicle driven by his driver Gouranga paramanik (P. W. 29). Around 9,45 a.m. Umakanta (P. W. 14) left for his college.
5. Mrs. Jyoti Padhi, wife of a Joint Director of Agriculture, was occupying the quarters located in front of the residence occupied by Sri Choudhury. Around 10.30 a.m. she observed Gouri taking a stroll on the outer verandah of her residence. Around 11.30 a.m. Basudeb Rout (P. W. 18) went to St. Joseph's Convent carrying food for Lipi. Between 12.30 a.m. and 1 p.m. Dr. Jagannath Mohapatra (P. W. 1) paid a call at the residence of Sri Choudhury. After opening the gate, he called out Mrs. Choudhury by her name 'Gouri'. At that time Kanhu came out of the house and informed Dr. Mohapatra that Sri Choudhury had gone out on tour and the mistress of the house had gone out in a white Ambassador car half an hour earlier. Thereafter Dr. Mohapatra left. Between 1 p.m. and 1.15 p.m. Umakanta (P. W. 14) returned home from college. Kanhu asked how he could he bark from college so early and Umakanta replied that classes were suspended. To the query of Umakanta regarding his mother. Kanhu replied that she had gone out somewhere in a white Ambassador car Umakanta thereafter began to read some book. Around 4 p.m. Lipi came back from school. To her query, the selfsame answer as given to Umakanta was also given. Between 4 p.m. and 4.30 p.m. P. W. 18 Basudeb came to perform the sundry work in the residence. As he entered the compound he found Kanhu sitting on the outer verandah. Kanhu asked him to post a letter at the post- office and deliver application at the General Electrical Division. After delivering the letter, he returned around 5.30 p.m. As he wanted to apply manure to the brinjal plants, Kanhu told him that there was no necessity to apply manure. When he started manuring, Kanhu asked him to fetch milk. When Gouri did not return till evening, the children became restless and approached Mrs. Jyoti Padhi (P. W. 3). She ex
