Point of Law: Offence of Murder - Conviction set aside - No direct evidence - Chain of circumstances not established conclusively.

JUDGMENT :

S.K. MISHRA, J.

1. In this appeal, both the appellants, namely Ranjan Kumar Bisoi and Kalu @ Ranjit Kumar Gauda assail their conviction under Sections 302 and 201/34 of the Indian Penal Code, 1860 (hereinafter referred as the ‘Penal Code’ for brevity) and sentence to undergo imprisonment for life by the learned Sessions Judge, Kandhamal-Boudh, Phulbani in Sessions Trial No. 34 of 1998, as per the judgment dated 01.07.2002.

2. The prosecution case in brief is narrated as follows: The deceased Dhoba Muli, son of PW-8 Sasi Muli and PW-7 Bilas Muli was called by the appellant no. 1 Ranjan Kumar Bisoi from his house and thereafter Dhoba Muli was not found for several days. A missing report was lodged. Thereafter, PW-1, medical officer at Daringibadi Community Health Centre (C.H.C.) informed the police on 03.01.1995 that he was informed by some children that something was floating inside the waters of the well. He along with staff found a gunny bag floating in the waters of the well. The police came to the spot and brought out the floating object and found that a dead-body was inside. Then, he prepared inquest over the dead-body. The dead-body of Dhoba Muli was identified by the witnesses. Hence, the O.I.C. Daringibadi Police Station on his own information drew up the formal F.I.R., registered the case and took up the investigation.

In course of investigation, he visited the spot, examined the witnesses and recovered the dead-body of the deceased Dhoba Muli from the well situated inside the campus of Daringibadi Community Health Centre (C.H.C.) in presence of the Executive Magistrate. He seized the wearing apparel of the deceased, discovery the weapon of offence on the recovery statement made by both the appellants separately. After completion of investigation, he submitted charge sheet against the accused persons.

3. The defence took the plea of simple denial and false accusation due to political rivalry.

The prosecution has examined 12 witnesses in this case. PW-12, Niranjan Patra happens to be the informant as well as investigating officer in this case. PW-7, Bilas Muli, happens to be mother of the deceased Dhoba Muli. Her evidence is pivotal in this case, as the prosecution relied on her evidence to prove the previous incident as well as the last seen theory. PW-8, Sasi Muli happens to be father of the deceased and husband of PW-7, he has searched for some and he could not find his son and submitted missing report. PW-1 Golak Bihari Samantaray is the doctor, who reported about the floating of the gunny bag in the well situated in the campus of Daringibadi Community Health Centre (C.H.C.). PW-3, Yaksha Nayak, PW-4, Prasanta Kumar Sahu, PW-5, Santosh Kumar Sahu and PW-6, Ajit Kumar Sahu are residents of the same village. They deposed about the bringing of dead-body from the well, and seizure, on the discovery statement of the accused of the wooden merah. PW-10, Upendranath Patnaik, the then forester, D.F.O. Office, Angul was examined to prove the alleged confession made by the appellants before the Investigating Officer and the leading to discovery of the weapon of offence. However, this witness has not supported the case of prosecution and he turned hostile to it. PW-11, Sanyasi @ Sania Muli happens to be the uncle of the deceased. He and PW-8, father of the deceased searched for the deceased but could not get any trace of him. In addition to examination of 12 witnesses, prosecution has relied upon 15 exhibits and 11 material objects, M.Os. VII to VII/5 being some photographs.

4. One witness was examined on behalf of defence, namely, Sankar Beheradalai to prove the political rivalry between the appellants and one Sanyasi @ Sania Muli, who happens to be the relative of Bilas Muli and Sasi Muli.

5. Admittedly, there is no direct evidence in this case. The prosecution case is based on circumstantial evidence and they are as follows:

(1) Homicidal nature of the dead of the deceased.

(2) The previous incident stated by PW-7 that the