NRUSINGH KUMAR PANDA Vs. PANDAB SAHOO

JUDGEMENT

(1.) Informant Nrusingha Kumar Panda has filed this Criminal Revision against the judgment and order dated January 30. 1995 passed by the Sessions Judge. Ganjam Gajapati Berhampur in whereby the accused opp. parties 1 to 3 have been acquitted from all the Charges framed against them

(2.) The prosecution story in brief is: Informant is the owner of about 1 (one) acre of agricultural land in village Panada while his cousin Simanchal Panda is the owner of about 1-1/2 acres of adjacent land. There was a dispute between the accused Pandab Sahu and Simanchal Panda over the title and possession of the land claimed by Simanchal. On April 18. 1993 at about 9.00 a.m. the informant sent some labourers to cultivate his land. Cultivation of informants land was over at about 12.30 p.m., the labourers engaged by the informant told the informant that they had been paid money in advance by Simanchal to cultivate his land and they were going to cultivate the land of Simanchal. The informant alone returned to the village at about 3.00 p.m. and at about 5.00 p.m. Gajendra Dalei, one of the labourers came running to the village and informed the informant that about 4.00 p.m. Pandab Sahu and his two sons came to the field assaulted and severely injured two labourers. namely. Ch. Kantaru Patra and Gopi Gouda. Gajendra further told that he protested but the accused persons threatened and chased him with deadly weapons. After hearing the same the informant went to the disputed land with A. Raghunath Rao in a Tempo and found Ch. Kantaru Patra and Gopi Gouda lying in the field with severe bleeding injuries. The said injured persons were removed to M.K.C.G. Medical College and Hospital in Berhampur in the said Tempo. Ch. Kantaru Patra ultimately succumbed to his injuries at about 7 P.M. The informant lodged a written report with the Officer-in-Charge Golanthara Police Station. On the up investigation. The accused Pandab Sahu and Muna Sahu surrendered before the Court and were remanded to jail custody. Accused Prafulla Sahu absconded and could not be arrested during investigation. Initially chargesheet was filed against all the three accused persons showing Prafulla as an absconder. Subsequently. Prafulla also surrendered in Court and was taken to custody. All the accused persons were charged for committing offence as under Secs. 302/34 and 326/34 of the Indian Penal Code.

(3.) The accused persons pleaded not guilty and denied any kind of involvement in the occurrence.