GANDUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The accused-appellants have been held guilty of the offences punishable under S. 302 read with S. 34 of the Indian Penal Code, for committing murder of Krupa Gochhi by assaulting and firing Gun shots. The trial Court sentenced the appellants to undergo rigorous imprisonment for life. Being aggrieved by the said order of conviction and sentence, passed by the learned Sessions Judge, Puri in Sessions Trial No. 297 of 1993, the appellants have filed this appeal.

(2.) The FIR was lodged by Krushna Chandra Mohanty P.W. 4. The case of the prosecution is that on the fateful day of 15/09/1989 at about 3-00 p.m. P.W. 4 and the deceased, who were close friends, started from their respective houses and proceeded to Kantilo. The deceased carried his pant and shirt in a bag on the plea that if he would wear the same, his opponents would come to know that he was going out of the village and might assault him. He instructed P.W. 4 to proceed ahead on him via Teli Sahi and to wait for him. He intended to proceed through Gokha Sahi. According to their understanding, P.W. 4 proceeded to Kantilo via village Ragadipada. Near Village Padmabati, the deceased came and met him near the culvert, and both of them proceeded towards Kantilo. The son-in-law of Dandu Mallik, who was catching fish sitting on the culvert and Akal Jena of their village who was drying the grains saw them. A query being made, they were informed that both of them were going to Kantilo. P.W. 4 further stated in the FIR that the deceased told him that when he was coming from the village. Gandua Mallik asked him where he was going. P.W. 4 instructed the deceased to proceed ahead and told him that he would follow him. At about 4.00 p.m. both, the deceased and P.W. 4 reached near Goddess Baseli Temple. While they were paying homage to the deity, they saw Rama Chandra Mallik, Satura Mallik and Bharat Mallik, sons of Banambar Mallik standing near the road-side fense. They also noticed that Gandu Mallik was rushing towards them. Seeing them the deceased who had earlier assaulted Bharat Mallik, apprehended that they would attack him. The informant (P.W. 4) advised the deceased to leave the place immediately. But as the deceased delayed the informant proceeded towards Ragadipada to purchase 'Bidi'. All of a sudden, he heard the shriek of the deceased, and looked back and noticed that Gandua Mallik chased the deceased and dealt two Farsa blows on his left side head. He also saw Ram Chandra Mallik and Satura Mallik executing bhali blows on the deceased. Seeing the occurrence, P.W. 4 raised alarm and requested the accused persons not to assault the deceased. He also called for help from villagers of Ragadipara. All of a sudden Bharat Mallik fired at P.W. 4 with a revolver. P.W. 4 dodged and ran towards Ragadipara village. It is stated that while running, he heard firing of two more rounds. He returned with some of the villagers of Ragadipara and standing on the eastern end of the village, saw the accused persons leaving the spot with Farsa, Bhali and Revolver and running towards village Padmabati. After they left the spot, the informant (P.W.4) and some of the villagers of Ragadipara reached the spot and found Kurupa lying dead. Immediately P.W. 4 rushed to his village to inform the family members of the deceased and instructed them to report the matter to police and returned to the place of occurrence once again. The Officer-in-charge (P.W. 10) of Fategarh Police Station on receiving information from one Pankaj and Damodar made a Station Diary entry on 15/09/1989, proceeded to the spot at about 5-40 p.m. The dead body was lying on the Northern side green fence of the Court-yard of Chintamni Sahu. P.W. 10 found P.W. 4 present at the spot who narrated the incident verbally which was reduced to writing and was treated as FIR and the investigation commended. The Investigating Officer arrested the accused persons and after completion of investigation, submitted charge sheet under S. 302/34, IPC against all the accused persons. In addition under Ss. 25 and 27 of the Indian Arms Act against accused-appellant Bharat Mallik.

(3.) The plea taken by the defence is complete denial. It was stated that in course of preparation of Bombs by the deceased, there was an explosion which resulted in the death and that all the injuries sustained by the deceased were on account of explosion of the Bomb.