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ORISSA HIGH COURT
R.K. DAS, G.K. MISRA, JJ.
Arjoon and another, Accused - Appellants
v.
State - Respondent.
Death Ref. No. 7 of 1962 and Criminal Appeal No. 149 of 1962
Decided On : 6-11-1962
CRIMINAL APPEAL - [SECTION 302, 34, 392, 397 I.P.C.] - [JUDICIAL CONFESSION, CORROBORATION, CIRCUMSTANTIAL EVIDENCE, SENTENCING] - The court analyzed the retracted confessional statements of the accused, finding them to be corroborated by other evidence and circumstances. The court also considered the circumstantial evidence, finding it sufficient to support the conviction even without the confessions. The court upheld the conviction of both accused under Section 302 read with Section 34 I.P.C. and sentenced accused-1 to death and accused-2 to life imprisonment.
Fact of the Case:
The deceased, a young boy, was found dead in a jungle with multiple injuries to his head. The accused-appellants, Arjoon alias Polka Domb and Urdhab, were convicted of murder and sentenced to death. Accused-1 was also convicted of robbery.
Finding of the Court:
The court found that the confessional statements of the accused were voluntary and corroborated by other evidence and circumstances. The court also found that the circumstantial evidence was sufficient to support the conviction even without the confessions.
Issues: 1. Whether the confessional statements of the accused were voluntary and admissible in evidence. 2. Whether the confessional statements were corroborated by other evidence and circumstances. 3. Whether the circumstantial evidence was sufficient to support the conviction. 4. Whether the sentence of death was appropriate in the circumstances.
Ratio Decidendi: 1. The court held that the confessional statements were voluntary and admissible in evidence, as the Magistrate had satisfied himself that the confessions were made voluntarily and without any inducement, threat, or promise. 2. The court found that the confessional statements were corroborated by other evidence and circumstances, such as the discovery of the murder weapon and the bloodstained cloth worn by accused-1. 3. The court held that the circumstantial evidence was sufficient to support the conviction even without the confessions, as it established that accused-1 had been in the company of the deceased shortly before his death and that he had given a false explanation for the possession of the deceased's necklace. 4. The court held that the sentence of death was appropriate in the case of accused-1, as the murder was gruesome and cold-blooded and committed purely out of greed. However, the court reduced the sentence of accused-2 to life imprisonment, as he had not taken part in the planning of the murder and had acted on the spur of the moment.
Final Decision: The court dismissed the appeal of accused-1 and confirmed the sentence of death. The court accepted the reference and confirmed the sentence of death. The court set aside the sentence of death passed on accused-2 and sentenced him to undergo imprisonment for life.
JUDGMENT
MISRA, J. : Both the accused-appellants have been convicted under Section 302 read with Section 34 I. P. C. and sentenced to death. Accused Arjoon alias Polka Domba has been further convicted under Section 392 read with Section 397, I. P. C. but no separate sentence has been imposed.
2. The prosecution case is that at about noon on 22nd January, 1962 Arjoon alias Polka Domb, accused No. 1 took the deceased Durjan, son of Purosattam Soura (P. W. 1) inside the jungle at a distance of about one mile from the village of the deceased. Accused No. 2 Urdhab was tending cows in that area. The boy did not return to the house till afternoon. The father made a search for the boy and learnt from different persons including Jagabandhan Lahara (P. W. 7) that the deceased was found in the company of accused-1 at about noon. Accused-1 denied all knowledge for sometime, but later on admitted that he had been to gather thorns in Sindiguda forest and found Urdhab (accused-2) and Kuna, a man of another village, going with the deceased and later heard a cry like "Margalo lo Ma". He led the villagers to the place where he heard the cry where the villagers found the dead body. The defence is one of complete denial.
3. The doctor (P. W. 3) found the following injuries on the deceased on post-mortem examination : -
(1) An obliquely vertical lacerated wound 1 3/4" x 1/3" x ½" with exposure of depressed bone fragments and effusion on brain substance with sign of bleeding from the wound on the right side of the head lying 2" above the Pinna of the right ear.
(2) A horizontal lacerated wound 3/4" x ½" x 1/3" with sign of bleeding lying 1" behind injury No. 1.
(3) A contused wound ½" x 1/8" x 1/8" in the back of the head lying 2" to the right of occipital prominence (tuberosity).
(4) A horizontal contused wound ½" x 1/8" x 1/8" lying ½" below injury No. 3.
(5) An obliquely vertical bruise 1" x ½" on the right side of the neck lying ½" below the lobula of the right ear.
(6) A horizontal bruise 1" x ¼" in the middle of the right side of the neck lying ½" below injury No. 5.
(7) A horizontal bruise 1" x 1/4" on the back of the right side of the neck lying ½" medial to injury No. 5.
(8) Rectangular bruise 2" on opposite side and ½" on opposite sides on the left side of the back; upper outer angle of the rectangle lying just medical to the medical angle of the left scapula.
(9) A black coloured superficial bruise 7" x 2" extending from the side of the back of the neck over the medial side of the right scapula.
(10) Two vertically crescentic bruises 1 1/4" each lying at the top of the right shoulder.
(11) A big vertical superficial bruise 4" x 2" on the upper part of the back of the right thigh.
(12) A deep abrasion ½" x 1/4" on the medial side of the left heel.
(13) An abrasion ½" x 1/4" on the dorsum of the 2nd metacapro phalangeal joint of left hand.
(14) Three superficial abrasions ½ x 1/4" each on the dorsum of the 2nd, 3rd, 4th matacapro phalangeal joints of right hand.
(15) A superficial abrasion 1" x ½" on the middle of the pinna of right ear.
Death, according to him, was due to shock and haemorrhage as a result of the depressed fracture of the skull. The injuries were ante-mortem. Injuries 1 and 2 were only fatal and death was instantaneous. Injuries 1 and 2 could be possible by blows with hard blunt weapon. Death was thus homicidal.
4. Both the accused made judical confession before a First Class Magistrate (P. W. 12). Exs. 8 and 9 are the confessional statements. They were produced before P. W. 12 on the 24th January, 1962. The Magistrate allowed them time till the next day for cool reflection and remanded them to jail custody. On the 25th January, 1962, they were produced before the Magistrate and the confessional statements were recorded. The Magistrate put all relevant questions under Section 164 (3) of the Criminal Procedure Code to satisfy himself that the confessions were voluntary and free. The accused stated under Section 342, Cr. P. C. that they did not
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