FAKIRA SAHU AND 6 ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal by 7 Appellants all of whom have been convicted under Section 304, Part -II read with Section 148, Indian Penal Code. Appellant No. 4 has been given a sentence of 5 years rigorous imprisonment under Section 304, part -II, Indian penal Code and one year's rigorous imprisonment under Section 148, Indian Penal Code while the remaining Appellants have been sentenced to rigorous imprisonment for 3 years under the first count and of one year under the second count and the sentences of each of them have been directed to run concurrently with the sentence under Section 301, Part -II, Indian Penal Code.

(2.) ACCORDING to the prosecution, Appellants Aruna, Baruna and Karuna alias Rama are the sons of Appellants Fakira, while Appellants Chhanda and Durga are the so of Appellant Taila. P.w. 6 is the uncle of the deceased. The Appellants as also the deceased are close against. The deceased was the gountia of the village prior to the abolition of gounti system. The parties had their lands close by and disputes in relation to lands were in existence between them. On the 20th October, 1966 at about sunset the 7 Appellants went to the place where they had got lands and were keeping ambush. Appellant Fakira and his sons bad concealed themselves behind a bush whereas Taila and his two sons were concealing themselves behind a big stone. Applicant Baruna was holding an axe and a stone and Karuna was holding a spade and the rest of the Appellants were each holding a lathi. The deceased returned from his field through the field of the Appellants. Baruna threw a stone at him as a result of which it is alleged he fell down. Baruna immediately ran and gave a stroke with his axe while Karuna in his turn assaulted him with a spade and all other accused persons dealt lathi blows as in result of which the deceased Purandar received several injuries on his person and lay in the field senseless. The Appellants ran away. P.w. 5, a boy aged about 10 years who is the son of p.w. 6 went and informed about the concurrence to his father. P.w. 6 came along with p.w. 5 to the place of occurrence and found Purandar lying flat with his face upwards in a senseless condition. P.w. 6 found Dirju (p.w. 1) a field servant of Purandar guarding his master. He sent Dirju to 08011 the wife of Purandar and panch members and himself remained at the spot. Purandar was removed to the village by being put on a cot. There he was given water and tea and when he was asked as to who assaulted him he is said to have given out the names of the Appellants. He was carried to the Bijepur police station at a distance of 12 miles from the village. His wounds were attended to by the pharmacist and thereafter the first information report was recorded on the next day i.e., 21.10 -1966 at 9 A.M. P.w. 7, the wife of Purandar featured as the informant. After the F.I.R. was lodged, on police requisition the deceased was sent to the Bijepur hospital. From there he was sent to the Bargarh hospital by a bullock cart. But during transit it is said that he expired. P.w. 1 conducted the post -mortem examination over the dead body at 7 A.M. On 23 -10 -1966 and the Appellants were charge -sheeted on 6.2.1967 after investigation.

(3.) 8 witnesses were examined at the trial on behalf of the prosecution. P.w. 1 is the doctor who conducted the postmortem examination. P.w. 2 was a witness to the inquest and p.w. 3, a constable who escorted the dead body for post -mortem purposes. P.w. 4 was a seizure witness who testified to the seizure of the axe and lathi from the house of some of the Appellants. He, however, was declared hostile by the prosecution.