DHANESWAR MAHAKUD Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants herein, namely, Dhaneswar Mahakud, Ganeswar Mahakud, Dasratha Mahakud and Kamala Kanta Mahakud (originally A-2 to A-5) along with two other persons, namely, Pitabash Mahakud (A-1) and Sanjeeb Kumar Mahakud (A-6) were tried for the offences punishable under Sections 148, 302/149 and 323/149 of the Indian Penal Code (IPC). The Court of Session convicted and sentenced all the six accused to undergo life imprisonment for causing death of two persons, namely, Biswanath Barik and Umakant Barik. In an appeal filed in the High Court, A-1 and A-6 were acquitted, whereas the accused appellants (A-2 to A-5) were not found guilty under Sections 148 and 149, IPC but their conviction under Sections 302 and 323, IPC and the sentence of life imprisonment for the offence under Section 302, IPC was confirmed. No separate sentence had been passed under Section 323, IPC. The appellants are, therefore, before this Court challenging the order of the High Court.

(2.) The brief facts of the case are as follows: As per prosecution version, on 23rd March, 1992 at about 7.30 a.m., Daneshwar Mahakud (A-2), Ganeswar Mahakud (A-3), Dasratha Mahakud (A-4) and Kamala Mahakud (A-5), the appellants herein, went to the disputed piece of land situated by the side of Palasapanga-Bamebari road located in Village Malda. Daneshwar Mahakud and Ganeswar Mahakud were carrying crowbars, whereas Dasratha Mahakud and Kamala Mahakud were armed with axes. They started digging pits in order to fix poles therein for construction of a shop house. Umakant Barik (deceased) along with Kanduru Barik (his father) and Biswanath Barik (deceased) (his uncle) reached the spot and objected to the said act of the accused persons. On this, they were assaulted by the accused persons with crowbars and axes resulting in the death of Umakant Barik and Biswanath Barik and causing injuries to Kanduru Barik (PW-7). The incident was witnessed by Mangaraj Barik (PW-5), a hotel owner, who was having his hotel nearby the place of incident. At about 9.00 a.m., Sankhali Barik (PW-1), relative of the deceased, lodged the FIR in Joda Police Station that about 8.00 a.m. while he was coming from Village Bamebari, on his way he saw his uncles son Umakant Barik lying dead in an open field and there were several cut injuries on the head and face of Umakant Barik. The body of Biswanath Barik was also lying dead in a pool of blood who had sustained injuries on different parts of his body including head. He saw the wife and daughters of his uncle sitting and crying near the dead bodies.

(3.) The prosecution has mainly based its case on the evidence of two eye-witnesses, namely, Mangaraj Barik (PW-5) and Kanduru Barik (PW-7) and the statements of the doctors who performed the autopsy on deceased Umakant Barik and Biswanath Barik, namely, Dr. Bibhuti Bhusan Mohanty (PW-4) and Dr. Surendranath Sahu (PW-6).