SUNA KARUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 23.1.1995 passed by the learned Sessions Judge, Mayurbhanj convicting the appellants under Section 302/34 and under Section 307/34 of the Penal Code and sentencing them to undergo R.I. for life.

(2.) The case of the prosecution is that the accused persons had previous enmity with the family of the informant Pratap Purty (P.W. 1). On 27th of April, 1993 P.W. 1, his father Gouranga Purty and their labourers Srikanta Behera and Gobinda Purty had gone to the field to do some earth work in the brinjal Bari of the deceased. After lunch when they were taking rest, at about 2 P.M. all the accused persons came together near the brinjal Bari of the deceased armed with bows, arrows and Bala. Accused Suna directed his dog to attack P.W. 1 and being alarmed, P.W. 1 shouted for help. When the deceased and the two labourers rushed to help P.W. 1, accused Suna shot two arrows successively at P.W. 1, the first arrow pierced the left fore-arm and the second arrow pierced the left side abdomen of P.W. 1 Thereafter, P.W. 1 pulled out the arrows from his body and moved one Bahungi in order to save himself. The Bahungi clashed with the bow held by accused Suna. Thereafter, accused Suna dealt a blow with the help of the broken bow on P.W. 1 causing injury on is head. In the meantime, the other two accused persons chased the deceased and accused Ghana shot an arrow which pierced the left arm of the deceased. Thereafter accused Deben dealt one Bala blow on the left side back below the arm-pit of the deceased resulting in a deep cut injury. Accused Deben again dealt another blow by means of Bala which cut the left thumb of the deceased. Thereafter the accused persons fled away from the spot. P.W. 1 and labourers carried the deceased and gave him water, but he died on the spot. On the basis of such allegation, investigation was taken up and charge-sheet against the accused persons for commission of offences under Section 302/307/34 of the Penal Code was submitted.

(3.) During trial, the accused persons denied the allegations and took the plea that the informant (P.W. 1), deceased and their labourers forcibly ploughed the land of the accused persons and when accused Suna protested, he was attacked by P.W. 1 and his father (deceased-Gouranga) resulting injuries on the person of accused Suna.