MANGULI ROUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both the appellants have been convicted for commission of offence under Section 302 of IPC and sentenced to undergo imprisonment for life by the learned 1st Addl. Sessions Judge, Cuttack in S.T. Case No. 221 of 1995, which is challenged before us in the present appeal.

(2.) The brief facts of the prosecution case are that, appellant No.1, Manguli Rout and appellant No.2 Khagi @Ekdasi Rout are two brothers. The deceased, namely, Subash and the informant, Jadunath (P.W.5) while going in a bicycle on 28.6.1994 at about 2.00 P.M. in the village road passing in front of the house of accused persons, they were assaulted by the appellants along with third accused namely, Jhari @ Jharana, the wife of appellant Manguli. It is alleged that Manguli came out suddenly, caught hold the handle of the bicycle and dragged the deceased, who was sitting on the back career of the bicycle. As the deceased fell down, accused Ekadasi being armed with kati came out from the house and started giving blows to the legs of the deceased with that Kati and at that time the accused Manguli also dealt axe blows on the deceased being supplied the axe by the 3rd accused, Jharana. In the meantime, hearing the shout, the informant and some co-villagers namely, Anadi (P.W.4), Brahmani (P.W.2), Bisweswar and others reached at the spot. The deceased being sustained with severe bleeding injuries was shifted to Maniabandha P.H.C. and then was shifted to S.C.B. Medical College and Hospital, Cuttack on the same day where he died in that night. As such, an U.D. Case was registered at Mangalabag Police Station in connection with the death of the deceased and inquest was held by Mangalabag Police in that U.D. Case. In the meantime, F.I.R. was also registered on 28.6.1994 at 3.15 P.M. in Badamba Police Station on the written report presented by P.W.5, Jadunath.

(3.) The appellants pleaded not guilty and denied their involvement in the occurrence.