BISE JHARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for commission of offences under Section 302 as well as 307 of the Penal Code by the learned Additional Sessions Judge, Rourkela, has preferred this appeal. The appellant and two other accused persons, namely, Lanka Jhara and Sanka Jhara, had been charged under Section 302/34 of the Penal Code for committing murder of deceased Budhu Jhara and they were also further charged under Section 307/34 of the Penal Code for attempting to commit murder of Sukutu Jhara (P.W.8). The learned Additional Sessions Judge on consideration of the evidence on record, convicted the appellant under Section 302 of the Penal Code for committing the murder of Budhu Jhara and sentenced him to imprisonment for life, and also convicted the appellant under Section 307 of the Penal Code for attempting to commit the murder of Sukutu Jhara and sentenced him to undergo rigorous imprisonment for seven years, with a direction that the sentences shall run concurrently.

(2.) THE case of the prosecution is that some days prior to the date of occurrence a relation of the deceased and the injured, namely, Kendu Jhara (P.W.9) had come to their house and suspecting that the said Kendu Jhara had some illicit affairs with the sister of the accused persons, named Rukha Jhara, the accused persons had quarrelled with and assaulted Kendu Jhara and Sukutu Jhara. On the date of occurrence also some time before the occurrence there was exchange of blows between the appellant and injured Sukutu, whereafter the injured (P.W.8) had gone back home. After this incident on the date of occurrence at about evening hours, all the three accused persons came near the house of the deceased armed with weapons like Farsa. Lathi, etc. and called P.W.8. No sooner P.W.8 came out of the house, he was assaulted by the accused persons by means of Farsa causing serious bleeding injuries on different parts of his body, as a result of which he lost his senses and fell down at the spot. In the meantime his father, deceased Budhu Jhara, challenged the conduct of the accused persons and he was also assaulted by the same weapon causing similar injuries on his person resulting in his death instantaneously. F.I.R. was lodged by P.W.I after the occurrence and investigation was taken up. On completion of investigation charge sheet was filed for the offences stated above.

(3.) IN order to bring home the charges, the prosecution examined as many as 18 witnesses. P.W.I is the informant and a post occurrence witness. But he speaks about the incident prior to the date of occurrence which took place on a Saturday. P.W.2 is the widow of the deceased and mother of the injured who is an eye witness to the occurrence. P.Ws.46, 7, 10,11 and 14 are seizure witnesses, P.W.5 is an eye witness to the assault on P.W.8. P.W.8. himself is the injured and P.W.9 is the person who was one of the victims of the incident that took place prior to the date of occurrence on a Saturday. P.W. 13 is the doctor who conducted the autopsy. P.W. 18 is the Lady Doctor who had examined the injured Sukutu Jhara and P.W. 18 is the Investigating Officer.