Judgment

VINOD PRASAD, J.

This appeal by the three appellants, namely, Abhiram Rohidas(A1),Bhabani Shankar Kumra (A2) and Dara Seth(A3), is directed against the impugned judgment of conviction and order of sentence dated 26.2.96, passed by Additional Sessions Judge, district Sambalpur, in S.T. No. 180/39 of 1994, State versus Abhiram Rohidas and 2 others, relating to crime no. 36 of 94, U/Ss 449/302/382/34 I.P.C. police station Katarbaga district Sambalpur, by which learned trial Judge has convicted all the three appellants herein for offence U/S 302/34 I.P.C. and has sentenced them to life imprisonment while conferring the benefit of set off for the period of imprisonment already undergone by them as under trials.

2. Entire edifice of prosecution case against the appellants since depends upon circumstantial evidences, therefore, for accurate understanding and appreciation of various circumstances put forth, essential facts are reproduced below in the chronological order of their happenings, as was stated during investigation and subsequently divulged in the Sessions Trial and counting on that it is revealed that one Nirmal Kumar Naik/PW4 and Smt. Arti Naik/PW6 are the son and daughter –in-law of both the deceased Jayanarayan Naik(D1) and Smt. Narmada(D2), both residents of village Laida, P.S. Katarbaga district Sambalpur. Laxminarayan Naik/ PW3 is the maternal younger cousin brother of (D1) and brother-in-law of (D2). Jala Munda/PW1 a labourer and Dashrathi Khichidi/ PW5, a milkman also worked with the deceased as domestic help and milkman. Since a month prior to the present incident, both son and daughter-in-law, PW4 & 6, were residing in village Purna in district Jharsuguda, where they had a tractor hiring business. Rest of the two sons of the deceased were in services and they did not reside with the deceased in village Laida.

3. Accused appellants are the co-villagers of the informant, deceased and witnesses and to be specific Dara Seth(A3) used to iron the deceaseds’ clothes and appellant Bhawani Shankar(A2) was a labourer in the Khala(thrashing floor) of one Rama Patel, a neighbour, whose Khala was adjoining the Khala of the deceased and hence was very well known to the son and daughter-in-law,PW4 & 6. So much is the relationships and acquaintance between both the factions involved in the incident.

4. It is further alleged that on 15.4.94 Jala Munda/PW1 domestic help of the two deceased, a hostile witness, after quenching thirst of deceaseds’ buffalo in a tank left it at thrashing floor at 5 p.m. and then gave a call to (D2) to ask her if some more work was to be done but was unable to receive any reply from inside the house. Curiously he opened the front door and peeped inside and found (D2) lying dead supinely on the veranda. Being terrified PW1 clasped the door, came out and tramped towards his house. En-route he informed the incident to Khatu Patel, Patu Mistri and Munu Gond.(Since PW1 turned hostile and denied his interrogatory statements u/s 161 Cr.P.C. and rest of the three aforesaid persons have not been examined in the trial therefore further development concerning this disclosure remains unknown).Further prosecution story is that Dashrath Khichidi/PW5, milk man of the deceased as usual went to the house of the deceased on 16.4.94 at 6 a.m. to milck their cow but on entering into the gate he found the cattle roaming and untied. Being surprised he vainly called (D2) without any response and curiously he stepped inside the house through eastern entrance only to discover corpse of (D1) inside his bed room near his cot with spilling of blood on the ground.PW5 further spotted cadaver of (D2) on the veranda. Being perturbed, PW5 came out and informed the murder to Manoj, Markanda, etc., and then left for his other duties. Manoj intimated the double murder to Laxminarayan/PW3 who came to the incident house, located both the dead bodies and called village watchman (gram rakhi) and instructed him to watch over the place