Criminal Appeal no- 6858 of 2015
High Court of Orissa
BENCH: Hon’ble Mr Krishnamurthy D. Sangannavar, Hon’ble Mr Rajeshwar N Hegde
DATE OF JUDGEMENT: 22nd May 2017
RELEVANT SECTIONS:
- Section 218 IPC (Public servant framing incorrect record)
- Section 302 IPC (Punishment for murder)
- Section 201 IPC (Causing disappearing of evidence)
- Section 342 IPC (Punishment for wrongful confinement)
- Section 120B IPC (Punishment for criminal conspiracy)
BACK STORY
On 24th Sept 2015, Biju Bag, son of the deceased reported a missing complaint about his father at the Ulunda Police station. His father had last been at the Bheden police station on 17th July 2015 and he suspected the police had tortured his father to death. The police searched and found the deceased body in the Metakani forest. The body was in the form of skeletal, the cloth pieces found on and near the body were used for the identification of the deceased.
The skeletal remains were sent to VSS medical college and hospital, Burla, for autopsy. After the autopsy, the femur bone along with hair and three molar teeth were sent to SFSL, Rasulgarh for DNA profiling. The blood sample of deceased mother and son were also collected at the SDMO, Birmaharajpur. The call records of the accused helped in their identification and they were arrested after which they confessed their crime.
FORENSIC REPORT
The autopsy report showed that all the bones belonged to a single person, the sex was found to be male and the age was estimated to be between 55 to 65 years. The height was estimated to be around 185cms. The cause of death could be estimated as the time of death was more than three years. The DNA report showed that the molar, as well as the bones, belonged to the deceased, Makhno Bag.
JUDGEMENT
This case showed a classic example of power misuse. The accused Sushil Kumar Nayak was found guilty under section 342,302,201,218 and 120B of IPC and was punished with Life imprisonment.