RATNAKAR PALEI Vs. STATE

JUDGEMENT

(1.) THE Appellants have challenged the judgment and order passed by the learned Sessions Judge, Keonjhar convicting them for an offence under Section 302 read with Section 34 I.P.C. and sentencing each of them to undergo imprisonment for life.

(2.) AVOIDING unnecessary details the prosecution case in brief, is that the Appellants belong to village Narada, whereas Panchu Das (hereinafter referred to as 'the deceased') belonged to village Salijanga within Ramachandrapur Police Station of Keonjhar district. The deceased had a piece of land in Narada for which there was dispute and civil litigation between him on one side and the Appellants on the other. The occurrence took place on 18.5.1982. On that day at about 4 P.M. the deceased came to village Narada and challenged by Appellant Ratnakar on the village street, but nothing untoward happened between them. The deceased avoided the aforesaid Appellant and left the village in the company of P.W. 6 by passing through the Harijan Basti. While both of them were proceeding, they were joined by P.W. 3 and all of them proceeded upto the last limit of the village. The deceased himself suggested to P.W. 6 to return because of P.W. 3 accompanying him. After return of P.W. 6, both the deceased and P.W. 3, proceeded towards village Bandhagoda, but on the way near Patharbandha chak, the deceased was way laid by the Appellants both of the whom were armed with lathis. In addition Appellant Ratnakar had a long knife. They attacked the deceased despite intervention of P.W. 3 and assaulted him by means of lathis till he fell down on the ground being severely injured. Even thereafter Appellant Ratnakar stabbed him several times by means of the long knife. As a result of the injuries there was severe bleeding and the deceased died instantaneously. F.I.R. (Ext. 1) was lodged at the Police Station by the Grama Rakhi (P.W. 1) Investigation commenced during which the dead body was sent for post mortem examination. The Appellants were arrested and the weapons of offence were seized. After close of investigation charge -sheet was submitted against, the Appellants as well as another named Ratnakar Naik on the allegation that latter abetted the Appellants and as a result of such abetment the murder was committed.

(3.) THE learned Sessions Judge believed the prosecution evidence, particularly the evidence of the eye witnesses to the occurrence, P.Ws. 3 and 9 and found the Appellants guilty of the offence of murder. Accordingly he convicted and sentenced them. The prosecution could not, however, prove its case of abetment against the other accused Ratnakar Naik and so he was acquitted of all charges.