DHANU ALIAS DHANURDHAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Two appellants assail the judgment and order dated May, 29. 1996 passed by the 2nd AddI. Sessions Judge. Berhampur in Sessions Case No. 17 of 1995 (Sessions Case No. 78 of 1995) (GDC) convicting them under Section 302 read with Section 34 of the Indian Penal Code and sentencing to undergo rigorous imprisonment for life for committing the murder of Bhallu Dakua (hereinafter referred to as the deceased).

(2.) Bereft of all unnecessary details, the short facts narrated in the F.I.R. are as follows: Village Mundula and village Chandanpur in the district of Ganjam are adjacent to each other. A dispute cropped up between the villagers centering round a water reservoir; locally called as Champai Ghai which is situated within the boundary of village Mundula. Taking advantage of the geographical situation the villagers of Mundula demanded exclusive fishing right in the reservoir. At the other hand the villagers of Chandanpur insisted that, the fishing right should be put to auction and settled in favour of the highest bidder. The relationship amongst the villagers of both the villages became strained leading to several untoward incidents and lodging of complaints before the local police. A criminal case was also registered against some of the villagers of Chandanpur on the allegation that they assaulted one Markanda Behera of Mundula, Spuradic outburst of emotion of villagers also disturbed the law and order situation of the vicinity and tension prevailed in the locality. It is alleged in the F.I.R. that on May 24, 1994 around 7 P.M. while deceased Bhallu Dakua, a resident of village Mundula was returning home with his cattle, the two appellants, who are residents of village Chandanpur, all of a sudden appeared from behind a Tamarind tree and appellant No. 2 Rabi Mallu caught hold of the deceased and the other appellant Dhanu Sahu stabbed on the chest of the deceased by means of knife and thereafter both the appellants fled away from the place of occurrence. This incident was witnessed by one Sudarsan Panda (P.W. 1) of village Mundula who rushed to the deceased on hearing his screams and shouted for help from other villagers. On hearing hullah balloo, Gopabandhu Sahu (P.W. 3) arrived at the spot and saw both the accused persons fleeing. Both, Sudarsan and Gopabandhu carried the dead body of the deceased to the Kanjimal road of the village Mundula. On hearing their shouts. Bijaya Sahu (P.W. 2) and other villagers rushed to the spot. Thereafter, said Bijaya Sahu lodged the F.I.R. before the Officer-in-charge of Kodala Police Station. In course of investigation in accordance with a confession said to have been made by accused Dhanu Sahu while he was in police custody, a knife which was concealed in a bush on the ridge of the village pond was seized. The police also searched the house of appellants and seized a Check Lungi and a blue shirt having blood stains. After completion of investigation, charge sheet was submitted under Section 302/34, I.P.C. and the case was committed to the Court of Session.

(3.) The defence plea is one of the total denial. Accused appellant No. 1 Dhanu Sahu, in his examination under Section 313, Cr. P.C. pleaded innocence and declined to have made any confession before the police regarding recovery of the weapon of offence. He further claimed that on the date of occurrence, the villagers of Mundula assaulted him while he was returning home and he could save himself only on intervention of police. It is further stated that to wriggle out of the consequence of the said assault the villagers of Mundula have falsely implicated him.