PURANDAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment and order of conviction dated 20th April, 1996 passed by learned Sessions Judge, Mayurbhanj, Baripada convicting the Appellants under Sections 302, IPC and sentencing them to undergo rigorous imprisonment for life in S. T. Case No. 121 of 1994 is assailed in this Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure.

(2.) The two Appellants along with nine others faced trial for commission of offence under Sections 148, 302 read with Section 149 of the Indian Penal Code (in short, 'IPC'). Accused-Appellant No. 1 Purandar Naik alias Purandra Nayak and accused-Appellant No. 2 Santosh Nayak were charged only under Section 302, IPC for committing murder of Bibhisan Nayak and Biranchi Nayak respectively.

(3.) Bereft of unnecessary details, the short facts, as it appears from the prosecution case, is that inter se disputes existed between Rajani Nayak (P.W. 1) and her nephews in respect of certain lands located at 'Kantasimila', Rajani had filed a civil suit at Karanjia. The said suit was decreed and on the strength of the said decree, she cultivated the disputed lands. It appears that both the Appellants had forcibly ploughed the disputed land and sown paddy earlier to the date of occurrence. On the date of occurrence, i.e. on 28th May, 1993, it is alleged, Rajani (P.W. 1) with her husband Budhia Nayak (P.W. 2), her son Bibhisan Nayak (deceased) and Bishnu Naik, Biranchi Naik (deceased), Biranchi's wife and 10 labourers went to 'Kantasimila' for ploughing the disputed land, which is locally known as 'Muchurisal'. While they were ploughing the said land, it is alleged, accused Mahendra, Santhosh, Laxmikanta, Ashok, Manoj, Mandadari, Lomeswari, Purandra, Sailesh, Subodh, Gomati. Kumudini and Sova came there and asked them not to carry on the cultivation operation thereon and also shouted at them. At the intervention of Sarpanch Mohan Nayak, Ward Member Narendra Nath Nayak and Markanda Nayak, the matter was pacified and it was decided that the accused persons shall cultivate 12 kadis of Muchurisal land on the year of occurrence in lieu of receipt of their residue paddy. The accused persons thereafter went back to their house. After some time at about noon Bibhisan Nayak and Biranchi Nayak along with the informant and others again went to plough another land locally known as 'Kaladiha' located nearby the house of the accused persons. The said land, it is said, belong to the informant. While they were doing so, the lady accused persons came in a group and accused Tumeswari assaulted Sakuntala. When Biranchi went to her rescue, accused Lomeswari, Kumudini, Mandadari and Gomati caught hold of him. They assaulted Bibhisan and snatched away their bows and arrows. Thereafter, the male persons caught hold of both Bibhisan Nayak and Biranchi Nayak. It is alleged that accused Laxmikanta, Ashok, Manoj, Gomati and Mandadari caught hold of Bibhisan. While the matter stood thus, accused Mahendra and Sailesh caught hold of Biranchi and accused Santosh dealt an axe blow to him. Accused Purandar alias Purandra also assaulted the informant by means of a stick. After inflicting the injuries, the accused persons left the spot. This incident, it is alleged, was seen by the Ward Member Narendra Nath Nayak and the Sarpanch, Mohan Naik as well as others. The informant immediately went to Jashipur Police Station and reported the matter by filing an FIR (Ext. 11). After receiving information, the O.I.C., Jashipur Police Station proceeded to the spot, found both Bibhisan Nayak and Biranchi Naik lying dead, made inquest over the dead bodies and sent the same for post-mortem examination. The other injured persons from the side of the informant, namely, Rajani Nayak (P.W. 1), Bishnu Naik as well as injured accused Purandar Naik alias Purandra Nayak with Sova Nayak were also sent for medical examination. The I.O. seized the bows and arrows from the place of occurrence, recorded the statement of the witnesses under Section 161, Code of Criminal Procedure and finally submitted charge-sheet against 13 accused persons. Learned S.D.J.M., Karanjia took cognizance of the offence against all the accused persons, but then while framing charges, as no materials were available, accused Sova Nayak alias Rajani Nayak and Subodh Nayak were discharged. The plea of all the accused persons except accused Lomeswari Nayak were that of denial, Lomeswari Nayak took the plea of alibi, Purandar Naik alias Purandra Nayak took the stand that Bibhisan Nayak and Biranchi Nayak (both the deceased) with other members of the prosecution party abused the accused persons while they were carrying on cultivation operation at Kaladiha lands and Biranchi assaulted his mother Sova. Consequently, he got enraged and snatched away the lathies from them and drove them out. According to him, the deceased persons also assaulted him and caused several grievous injuries. He pleaded his ignorance as to who assaulted Bibhisan Nayak and Biranchi Nayak.