KUSA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal under S. 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act 1970 is directed against the judgment of the High Court of Orissa dated 2-11-1973 convicting the appellants under S. 302/149 of Indian Penal Code and sentencing them to imprisonment for life.

(2.) The appellants along with other accused persons were tried before the Sessions Judge under S. 302/149 for causing murder of two persons namely Ghansham and his brother Antarjami. The trial Court after considering the evidence acquitted all the accused of the charges framed against them. Thereafter the State of Orissa filed an appeal before the High Court against the order of acquittal passed by the Sessions Judge and in the said appeal the High Court reversed the judgment of the Sessions Judge so far as the appellants were concerned and convicted and sentenced them as indicated above:Hence this appeal before us.

(3.) The facts of the case are detailed in the judgment of the High Court and it is not necessary for us to repeat them. It appears that shortly before the date of occurrence, there was a partition suit between the parties in respect of certain properties enjoyed by accused Banshi and Ghana. On 2-12-1968, according to the prosecution, the accused persons armed with lathis, Bhusas and valies came to the house of the deceased Ghansham and called him out. When Ghansham opened the door, the accused Banshi stabbed Ghansham on the chest as a result of which Ghansham fell down and died. On hearing the alarm, the other deceased Antarjami who was brother of Ghansham went to the spot and he was also assaulted by the accused persons. This occurrence had taken place near about 7.00 a.m. F.I.R. was sent to Bramhagiri Police Station where it was lodged and a case was registered. After the usual investigation, police submitted charge-sheet against all the accused persons who where tried by the Sessions Judge with the result mentioned above.