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2004 DIGILAW 491 (ORI)

Guru Muduli v. State of Orissa

2004-11-04

A.K.SAMANTARAY, P.K.TRIPATHY

body2004
JUDGMENT A. K. SAMANTRAY, J. — Incredible it may appear though, it is a real life episode where one brother to shield the other brother from a criminal prosecution of a charge of serious nature like murder, has himself jumped to the legal trap falsely impersonat¬ing his said brother. Being caught and entangled in the murder charge with co-accused persons he has been tried and convicted with a co-accused under Section 302/34 of I.P.C. and undergoing life sentence passed by learned Sessions Judge, Koraput in Ses¬sions Trial Case No.362 of 1999. The real accused, who would have been prosecuted and tried, is still at large. The accused, who has been arrested impersonating himself as Kuma Muduli @ Paraja, is Hari Muduli, who had nothing to do with the murder charge. After conviction and while undergoing the sentence, Jail Criminal Appeal was preferred by both the convicts and at the stage of appointment of counsel to defend the appellants a communication was received from the Sessions Judge, Koraput that accused con¬vict Kumar Muduli who is undergoing sentence in the said Sessions Trial, is actually Hari Mudili and the entire episode for his false impersonation of Kuma Muduli. This fact would not have come to light but for arrest of Kumar Muduli in connection with other G.R. Case and his remand to Koraput jail. The Superintendent of District Jail, Koraput intimated this fact to the Sessions Judge, Koraput categorically stating that Haribandhu Muduli is undergoing imprisonment in Sessions Case No.362 of 1999 in the name of Kuma Muduli. After receipt of this communication dt. 25.5.2004 from the Superintendent, Koraput jail, learned Sessions Judge intimated the Superintendent of Police, Koraput to hold an inquiry into the matter himself, since the same was a matter of considerable gravity and submit a report. The S.P., Koraput, after conducting a thorough inquiry on the identity of the real accused in the said Sessions Case No.362 of 1999, sub¬mitted report on 3.8.2004 that Hari Muduli, who is undergoing sentence, is neither otherwise known as Kuma Muduli nor his nick name is Kuma. Kuma Muduli is the younger brother of Hari Muduli and said Kuma is the real accused in the case. Kuma Muduli is the younger brother of Hari Muduli and said Kuma is the real accused in the case. Apart from that, we have before us the copy of petition of Hari Muduli addressed to the Superintendent of Koraput Jail, wherein he has made a clean breast of the circumstance and has stated that he is Hari Muduli and Kuma Muduli is his younger brother and scared of police baton he identified and impersonated himself as Kuma Muduli. 2. We have heard the learned Addl.Government Advocate and the learned counsel for the appellants and perused the report of learned Sessions Judge and the enclosed reports of the Superin¬tendent of Police, Koraput, Superintendent, Koraput Jail and the petition of Hari Muduli. Considering the facts and circumstances that the real accused is someone else and the convict undergoing sentence is Hari Muduli and not Kuma Muduli, and Kuma Muduli is the real accused not Hari, and Hari has been wrongly tried and sentenced and he is innocent of the charge, we set aside the order of conviction and sentence passed against him and he be set at liberty forthwith unless his detention is required in connec¬tion with any other case. 3. We further direct that the actual accused Kuma Muduli of G.R. Case No.267 of 1999 corresponding to Dasabantapur P.S. Case No.21 of 1999 dated 21.4.1999 of Koraput District be immedi¬ately taken into custody and proceeded against and be tried, as expeditiously as possible, in the said Sessions Case and learned Sessions Judge is to dispose of the case preferably within six months. Send back the L.C.R. forthwith. P. K. TRIPATHY, J. — I agree to the conclusion recorded by my esteemed brother Honourable Shri Justice A. K. Samantray, but think it proper to add a few lines in connection with the imper¬sonation and giving false statement by Hari Muduli in course of a judicial proceeding both in the committal as well as the trial Court so also status of the Jail Criminal Appeal after setting aside the order of conviction against Hari Muduli, who imperson¬ated accused Kuma Muduli. 2. It reveals from the reports of the S.P., Jail Superin¬tendent and the Sessions Judge that Hari Muduli had enmity with the deceased. The real culprit Kumar Muduli helped Hari Muduli by committing murder of deceased. 2. It reveals from the reports of the S.P., Jail Superin¬tendent and the Sessions Judge that Hari Muduli had enmity with the deceased. The real culprit Kumar Muduli helped Hari Muduli by committing murder of deceased. Therefore, that became a deal between both the brothers and accordingly Hari Muduli submitted to the jurisdiction of law enforcing agency and Court by imper¬sonating himself as Kuma Muduli. Therefore, it is not a mistake committed by the investigating or prosecuting agency in trapping and prosecuting a wrong person but it is the intentional act of Hari Muduli to suffer the punishment as Kuma Muduli. Such volun¬tary act may be with the aforesaid understanding between the two brothers but that act and conduct of Hari Muduli amounts to certain offences as provided in the Indian Penal Code. Therefore, the investigating and the prosecuting agency shall proceed against Hari Muduli in accordance with law for the offences thereby committed by him. Any act to ditch the law and to cheat the adjudicatory process should be strictly dealt with without showing any sympathy. 3. Apart from that, the Jail Criminal Appeal has been preferred by two convicted accused persons. We are yet to consider the case on merit so far as accused/appellant Guru Muduli is concerned. Therefore, the Jail Criminal Appeal stands disposed of so far as Hari Muduli who impersonated the real accused Kuma Muduli. Accordingly, Registry is directed to main¬tain the aforesaid Jail Criminal Appeal as a pending appeal. 4. A copy of this judgment be sent to the Sessions Judge, Koraput at Jeypore for information and for imparting appropriate direction to the concerned authorities including the cognizance taking Magistrate to proceed against Hari Muduli in accordance with law. 5. The Jail Criminal Appeal so far as Hari Muduli imper¬sonating Kumar Muduli stands disposed of accordingly. Petition disposed of.