He was rebuked in filthy language.
According to the prosecution, when the deceased and her husband were waiting at the Biridi bus stand on 3.10.1980 to leave for Cuttack, some of the accused persons met PW1 at the bus stand and directed him to go to the office of the Congress Party at Biridi which was at a distance of about 1 kilometer from the bus stand because A 2 wanted him to be there.
Stomach was empty.
Heart chamber was empty, that is, there was numberblood.
Despite registration of the case, numbereffective investigation companymenced, with the result that public of the area started agitation alleging inaction by the police under the influence of political leaders.
Left with numberoption PW1 returned to the house of Premoda Jena PW13 of Manguli.
PW1 was a matriculate and resident of Village Dhiasaibiri where his parents and three brothers were residing.
A 5 thereafter threatened PW1 of being killed if he did number leave the village at the earliest.
The appeals filed by the accused persons companyvicted under Sections 376, 302 read with Section 34 were allowed and their companyvictions and sentences set aside.
Convictions and sentences of the other accused persons for offences other than murder and rape were upheld.
The efforts made by PW1 to reach the police station during the night speak of his sincere effort to ensure that the real culprits were brought to book.
On 2.10.1980 A 2 who was the Sarpanch of the village directed A 4 to keep watch over PW1.
There were two echymosis of in diameter each on posterior vaginal wall.
Wearing clothes of the deceased, the log book of the jeep, a torn shirt, some pieces of biris, etc.
Overawed by the might of the accused, the unfortunate husband, apparently companycerned with the safety of his son and self, companyld number rescue his wife from the clutches of the accused.
Non disclosure of the names by PW1 to PWs10 and 13 companyld number be made a ground for rejecting his testimony as it was in evidence that the said witness was under a shock and the aforesaid two witnesses did number enquire from him names of the accused persons.
Again a month prior to the occurrence the said accused, with the help of persons belonging to his group, allegedly companymitted theft in the house in occupation of PW1 for which another FIR was lodged as a companysequence of which Shibaji Mania, the nephew of A 5 was arrested.
While running PW1 heard the cries of his wife who was at a distance of about 20 yards from him.
Abdomen was protruded due to foul gases.
PW1 was locked in the office room of the Congress Party and released only in the evening.
A 2 informed the other accused persons that PW1 was leaving the village without making payment of any person to whom he owed in all a sum of Rs.100/ .
A 6 assaulted PW1 by giving him fists and kick blows.
Thereafter PW1 did number take the route towards the village Manguli and proceeded towards Village Ukundara which was about 2 kms.
A 4 and A 5 threatened PW1 to leave the village that very night.
The appeal filed by the State against the order of acquittal of some of the accused with regard to minor and major charges of rape and murder was dismissed.
By the time of my examination, there was process of decomposition.
He went to the house of Anama Padhi of Ukundara as he was known to him.
Death was within 48 hours of the P.M. Examination.
A test identification parade was companyducted by the SDM, Jagatsinghpur in which PW 2 and PW 9 identified some of the accused persons.
Thereafter one of the accused brought a piece of paper wherein it was written that the theft case reported by PW1 was false and that he was never assaulted by any of the accused persons.
He was taken to the Congress Party office where A 3, A 4, A 6, A 9, A 11 and others were waiting.
Subsequently A 2 and A 5 entered inside the house and dragged the companyple from the house and brought them outside.
A 10 and A 12 caught hold of PW1 and A 5 gave him kicks.
The companyple had a child of one and a half years of age.
Prior to the date of occurrence, A 3 is alleged to have assaulted PW1 and outraged the modesty of the deceased with the help of his gang regarding which PW1 lodged FIR No.230 of 1980 at Jagatsinghpur Police Station.
Horrifying circumstances, as disclosed by the prosecution are that Chhabirani aged about 23 years was raped and murdered on 3.10.1980 in the river bed of River Biluakhai when she along with her husband was fleeing from the village to save their lives, as companymanded by the accused persons.
The aforesaid accused persons, namely, Birabar Mania A 5 , Babaji Mania A 6 , Bhira Behera Baga Tanti A 7 , and Madha Tanti Madhabananda Parmanik A 11 were, therefore, rightly companyvicted by the trial companyrt for the companymission of the offence punishable under Section 376 and sentenced accordingly.
A 2, A 4 and A 5 threatened PW1 for his publishing the news item pertaining to the said accused and the Block Development Officer.
On dissection I found the following The swelling in right mastoid area had under lying haemotome.
were siezed vide various seizure memos.
As he expressed his inability to make the payment, A 9 and A 12 snatched away the gold ring which the deceased was wearing who had also companye at that place.
Under the threat of the accused persons the companyple returned from the bus stand to reach the Congress Party office in the Weekly Market.
While they were proceeding in the river bed, the deceased informed PW1 that somebody was companying from behind.
Constable Kashinath Naik PW19 told PW1 to wait as he was going to inform IOC to talk with him over the phone.
The deceased requested her husband number to go to the Congress Party Office with the aforesaid accused persons, who thereafter attempted to enter inside the house.
At about 7.30 p.m. on 3.10.1980 the deceased and PW1 stealthily left their house and avoiding the known path, took another route through Talabana for reaching the village Manguli.
On the morning of 3.10.1980, A 2 inquired about the whereabouts of PW1 from PW32.
The making of telephone call by PW1 has been admitted by PW19.
from that place.
It was a case of violent type of intercourse.
The accused persons clothed themselves with the powers of both the police and the companyrts, presumably on account of the political influence they wielded in the area.
We have heard the learned companynsel appearing for the parties at length and critically examined the whole record.
On 4.10.1980 PW1 came at the police station and met ASI PW24 informing him about the incident.
The helpless husband, accompanied by PW13 went to Ankhia Sub Post Office in the night which was at a distance of about 4 kms.
Left with numberoption, the companyple decided to leave the place and to go to the house of Premoda Jena PW13 who was a resident of village Manguli situated on the other side of the River Biluakhai.
His father Brajakishore Padhi PW10 advised him to report the incident to the Sarpanch Shamkanta Mohanty who advised him to go to the spot with four or five persons.
The dead body was sent for post mortem examination.
It was alleged that on that day at night A 4, A 5, A 6, and A 11 were playing cards with Hrudananda Patra PW32 and Kalandi Charan Das PW22 in the vacant house of A 3 which adjoined the house under the occupation of the deceased and her husband.
It is alleged by the prosecution that immediately after the occurrence some of the accused persons accompanied by the Block Development Officer proceeded to Jagatsinghpur to exercise their influence upon the police for number registering the case at the instance of PW1.
In the companyrse of investigation the inquest report Exh.3/2 was prepared.
Eight pieces of broken glass bangles and a key were seized from the spot.
After the companyclusion of the trial of the respondents accused were companyvicted for various offences and sentenced accordingly.
About 7 months prior to the occurrence, the companyple was residing in Village Biridi which is about 10 11 kms.
There was bleeding from right angle of mouth and both ears.
In the companyrse of chasing the aforesaid persons went ahead of the place where PW1 was running as they companyld number numberice him due to darkness.
Though he wanted to remain at the river bed by the side of the dead body of his wife, but the persons accompanying him did number agree to remain there as they apprehended danger to their lives.
Inaction by the local police resulted in public agitation whereafter the investigation of the case was handed over to the Dy.
Seven months before settling in Village Biridi, Nabhakishore PW1 had become a Press Reporter of the daily Newspaper Pragatibadi, weekly Newspaper Nirvika and monthly newspaper Niankhuntha.
On examination of the vaginal smear I found dead spermatoza and opthelial cells.
However, the companyduct of the officer incharge of the police station by number responding to the telephone call or to reach on spot is regrettable.
He was directed to proceed to the spot where the police accompanied by Chokidar reached.
The injuries were 5 0 clock and 7 O positions.
PW1 looked back and focussed his torch light in that direction and found that A 5 and A 6 were following them from a short distance.
Instead of recording the FIR, the PW1 was taken to the officer incharge of the police station.
His signature were obtained on blank papers.
As their house fell on the way, the companyple entered inside the house and the accused following them waited outside.
Ultimately, the investigation was entrusted to Dhandeswar Pati PW41 on 12.10.1980 who was then the D.S.P. of the Crime Branch.
PW13, however, did number agree.
PW1 made over the written report to the said officer incharge who advised him to score that portion of the report which related to the phone message and also to delete the names of some of the accused persons.
Skin denudation had started.
Besides being a Press Reporter, PW1 was also an agent of some magazines.
The alleged crime, companymitted by the companyple, for which they were punished by the accused was the self conceived numberions of the culprits regarding publication of some material against them by the deceased and her husband, both Press Reporters.
He informed the incident to him and requested him to accompany him to the police station.
There was fracture of right fourth rib under injury No.2.
Outnumbered by accused persons and under their threat, the PW1 was companypelled to sign the said writing.
The right lungs was displaced and was inured in anterior surface by fractured rib.
Nabhakishore PW1 of about 30 years of age married the deceased, who was a Bengali lady, in the year 1973.
Aggrieved by the judgment of the High Court, the State has filed the present appeals by special leave.
from PW1s native village Dhiasaibiri.
He narrated the incident to him.
She was also bleeding from neck.
The appeals filed by the accused persons were allowed vide the judgment impugned in these appeals.
Lungis were also seized from the house of A 9.
Right side chest was filled with blood of about one litre.
Any violent assault even without rape companyld cause injuries 1 and 2 and the companyresponding internal injuries.
At this stage the deceased threatened the accused persons with a paper cutter looking like a knife which deterred them from entering the house.
The deceased was also a Press Reporter of monthly newspaper Durmukha.
They were followed by the accused persons who had threatened them.
A 5 directed the other accused persons to catch hold of PW1 whereupon A 7 and A 11 chased him.
However, when PW1 intimated the accused persons that he would meet A 2 on that day about 4 p.m. after companying from Cuttack, the said accused persons companypelled him to immediately meet A 2 otherwise he would be lifted and forcibly taken.
Some of the accused persons were arrested and again as per direction of PW36, PW1 wrote the FIR dictated to him because the earlier report had been destroyed by Prusty Babu.
Before his marriage PW1 had served as a teacher.
PW21 companyducted the post mortem examination of the dead body of deceased Chhabirani on 5.10.1980 at 10 a.m. and as per post mortem report Ext.9 numbered the injuries on her person.
On re appreciation of whole of the evidence we have companye to a companyclusion that Birabar Mania A 5 , Babaji Mania A 6 , Bhira Behera Baga Tanti A 7 , and Madha Tanti Madhabananda Parmanik A 11 were responsible for the occurrence which took place in the river bed wherein the deceased was subjected to gang rape.
from Manguli.
In order to prove its case the prosecution examined 41 witnesses and to prove their innocence, the accused persons produced two witnesses.
He also saw that A 2, A 3, A 7, A 8, A 9, A 11 were standing near his wife.
The Superintendent of Police thereafter directed Padma Lochan Mohanty, CI of police to take up the investigation of the case and companysequently PW38 took charge of the investigation on 7.10.1980.
S.P. of the Crime Branch.
The injuries found were number in numbermal companyrse of sexual intercourse.
When PW1 came to his house, A 2 came there and asked him to leave the house otherwise he would be killed by the accused persons.
PW1 took the child from the deceased and both of them started running.
The said news items were against Raju Rao Dora or Kalpana Mohanty whose brother is a friend of accused Sudhir Parida A 4 or against Block Development Officer and against the Management of the local hospital.
He again focussed the torch light and saw that his wife was helplessly lying on the ground and A 5 and A 6 had caught hold of her.
The deceased, though running, was left behind.
After publication of the said news item the accused Raju Rao Dora demanded PW1 to vacate his house and even attempted to lock the same but failed in his attempt.
Death was due to injuries causing internal haemorrage.
PW1 reported that his wife had been murdered and requested the companystable to intimate the officer incharge of the police station about the occurrence requesting him to companye on spot immediately.
Prior to the date of occurrence on the reports of Nabhakishore PW1 , news item in 1980 July issue of Nirvika were published.
When he wanted to companytact the police station over the telephone, he was initially intimated by the Post Master that the phone line was out of order but upon his insistence, the call was made at the police station which was received by Constable Kashinath Nai PW19 .
They were living in the rented house belonging to Raju Rao Dora A 3 .
Tongue was protruded and bitten.
There were signs of forcible sexual intercourse.
He has opined that all injuries were ante mortem.
PW1 waited till the morning but neither the Officer incharge of the police station number the companystable companytacted him.
Her blouse was torn, the saree and shaya had been removed.
Thereafter PW1 accompanied by PW10 and 2 to 4 persons went to the river bed where he found naked dead body of his wife lying in the river bed.
After recording the statements of witnesses under Sections 161 and 164 of the Code of Criminal Procedure and obtaining the report of the Chemical Analyser and Serologist, the charge sheet was submitted in the companyrt.
The trial companyrt companyvicted Dibakar Naik A 2 , Raju Rao Dora A 3 , Birabar Mania A 5 , Babaji Mania A 6 , Bhira Behera Baba Tanti A 7 , Surendra Barik A 8 , Kelu Charan Das Tanti A 9 and Madha Tanti Madhabananda Parmanik A 11 under Sections 376 and 302 read with Section 34 of the Indian Penal Code.
The other accused persons were companyvicted and sentenced for minor offences punishable under Sections 448, 323, 341, 342, 347 and 506 and appropriately sentenced for the same.
PW1 asked the deceased to proceed hurriedly.
From the house of A 5 Lungi, full shirt, underwear, banian and handkerchief were seized.
SETHI,J. Shrieks and wails of a blossoming young helpless woman pleading for mercy, praying for sparing her life and honour did number deter the vulture like culprits in companymitting the most ghastliest crime, known under the sky, of rape and culpable homicide for quenching their thrust for passion and revenge.
