SUKADEV BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE three appeals arise out of the common judgment dated 11.10.1999 passed in S.T. Case No.464 of 1998 whereby the learned Addl. Sessions Judge, Jagatsinghpur has convicted the appellants under Section 302/34, IPC and sentenced them to undergo imprisonment for life and pay a fine of Rs.1000/- each in default to undergo rigorous imprisonment for one month.

(2.) CASE of the prosecution, as unfolded during trial, is that one Sadananda Jena, a school teacher, was entrusted with the job of preparing list of persons of Sankharisahi village, to which both appellants and the deceased belonged, to get the benefits under the Below Poverty Line Scheme. Deceased Rasmiranjan was assisting him in identifying the persons entitled to get the benefit under the scheme. It is alleged that the teacher Sadananda Jena did not enlist the names of the appellants in the Below Poverty Line list. Due to that, there was some dissension between him and the appellants. On 08.11.1997, the deceased learnt that the appellants had planned to assault said Sadananda Jena and intimated him not to come to his village. On the very day at about 4.00 PM, when the deceased was going to his house, near the house of appellant Gagan Barik, appellant Sukadev Bhoi saw him and abused him in obscene language. Both of them (appellants Gagan Barik and Sukadev Bhoi) chased the deceased being armed with bhujali. The deceased ran from the spot and fell near the house of one Indramani Behera. Appellant Gagan Barik caught hold of his hand and appellant Alekha dealt a bhujali blow on the face of the deceased. Appellant Sukadev brought one 'SILUPUA' and dealt blows on the face of the deceased. Many persons including the brother of the deceased were present there and witnessed the occurrence, but none of them intervened out of fear. It is further alleged that appellant Gagan Barik and Alekha Senapati pointed a revolver to the witnesses and threatened to kill them if the matter was reported to the police. After committing the crime, the appellants left the place. Deceased succumbed to the injury at the spot. P.W.5, the brother of the deceased went to Biridi Outpost and lodged written report. On the basis of the same, the case was registered,investigation commenced and after it closure charge-sheet was submitted againstthe appellants.