KAMALU HANTAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present criminal appeal, the appellants have assailed the judgment and order dated 22.03.2002 passed by the learned Additional Sessions Judge, Malkangiri in S.C. No.56 of 1999 (S.C.58 of 1997 of Sessions Judge, Koraput at Jeypore) convicting them under Sections 324/114 IPC and sentencing each of them to undergo rigorous imprisonment for two years and pay a fine of Rs.1000/- in default to undergo R.I. for two months.

(2.) THE case of the prosecution is that on 23.10.1996 at 5.30 PM informant Surendra Rauta with his labour Gopinath Mandi was going to bring paddy bundles from their field when he found the wife of appellant no.1 KamuluHantal and daughter of Sadhu Hantal, namely, Bimala catching fish at RAJABANDHA BILLO. THE informant asked them not to catch the fish as he had giventhe ridge on the said land. Meanwhile, accused Sadhu Hantal came there andquarrelled with the informant. His younger brother Kamulu Hantal also came andjoined Sadhu Hantal. Just then Lambodhar Rauta, the middle brother of theinformant, who was returning home for taking meal, came to the spot, separatedthem and asked them to go to Arjuna Sahani, the village Sarpanch, who hadpermitted them to give ridge on the said land for catching fish. All on a suddenaccused Sadhu Hantal became angry, brought out a knife from his waist andstabbed on the chest of Lambodhar Rauta. THE informant immediately came tohis rescue. At that juncture, Bimala, the daughter of Sadhu Hantal, brought aknife and handed over the same to Kamulu Hantal, the younger brother ofSadhu Hantal, who gave two knife blows on the left side back of LambodharRaut. On receiving the blows dealt by Sadhu Hantal and Kamulu Hantal,Lambodhar Raut fell down on the ground and died. THEreafter, the dead-bodywas removed from the place of occurrence by the witnesses present there. Onreceipt of the FIR police registered a case, proceeded with the investigation andafter its completion filed charge-sheet against the present appellants andaccused Sadhu Hantal under sections 302/34 IPC.