RANGADHAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL the four appellants have been convicted for committing murder of one Ghasinath Behera on 29.7.1996 forenoon and each one of them has been sentenced to imprisonment for life by the learned Sessions Judge, Keonjhar in S.T Case No.11 of 1997. In this appeal they challenge the said order of conviction and sentence recorded by the learned Session Judge.

(2.) FROM the allegations made in the F.I.R and depositions of witnesses examined in course of trial, it appears that all the appellants are agnates of deceased Ghasinath Behera and they had a dispute in respect of a piece of paddy field. On 29.7.1996 forenoon the deceased planted paddy in the disputed land in spite of protest raised by the appellants. In the afternoon, the deceased had gone to Janghira Weekly Market and returned home at about 3.00 P.M with Sadasiba Amanta in a cycle. The deceased was the pillion rider. As soon as they reached the crossing of the road near their village locally known as "Manipur Chhak", the appellants came in front of the shop of one Jugal Sahu and stopped the cycle. Appellant -Sanatan @ Sunakar Behera dragged the deceased to the side of the road and stabbed him by means of a knife on his chest. Appellant -Rangadhar Behera assaulted the deceased with a lathi and appellant -Sarat Chandra Behera dealt blows on the head of the deceased by means of a 'Bhujali'. Other appellant -Damodar Behra dealt blows on the neck of the deceased by means of a 'Bala'. Accused -Ramachandra Sahoo also assaulted the deceased. At that point of time the son and daughter -in -law of the deceased came to the spot and gave water to the deceased. Appellants -Rangadhar and Damodar thinking that the deceased might be living again came back to the spot and started assaulting him with lathi and left the place. When the deceased was being taken to Hospital he succumbed to the injuries on the way. The son of the deceased, P.W.1, lodged the F.I.R., on the basis of which investigation was taken up and on completion of investigation charge sheet was submitted against all the appellants and accused -Ramachandra Sahoo for commission of offence under Sections 147 / 148 / 302 / 114 / 149 of I.P.C.

(3.) THE prosecution in order to establish the charges examined eight witnesses. P.W.1 is the son of the deceased and P.W.2 is a witness to the occurrence. P.W.3 is a post occurrence witness and is also a witness to the seizure of incriminating articles in respect of seizure lists Exts.3 and 4. P.W.4 is a witness to the seizure in respect ofExts.5, 6 and 7. P.W.5 is the Doctor, who made the blood grouping of the appellants and submitted his report in Ext.9 and P.W.6, the Doctor, who conducted the postmortem examination. Both P.Ws.7 and 8 are the Investigating Officers.