KASIA KASINATH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the Criminal Appeal and the Government Appeal arise out of the judgment and order dated 12-1-1999 passed by the Second Additional Sessions Judge, Cuttack in S.T. Case No. 545 of 1996 (6/97). Four accused persons were tried in the aforesaid sessions case being charged under Sections 302/34 of the IPC. By the impugned judgment, the trial Court acquitted the respondents in the Government Appeal of the charges and convicted only Kasia alias Kasinath Behera, the sole appellant in the criminal appeal, under Section 302 of the IPC and sentenced him to imprisonment for life. Since both the appeals arise out of one and the same judgment, they were heard together and are being disposed of by this common judgment.

(2.) Shorn of unnecessary details the prosecution case is that the accused persons were in the habit of teasing the women folk of Muslim Basti during evening hours. On the date of occurrence i.e., 20-5-1996 at about 7.30 p.m. the informant, Sk. Kausara (P.W. 1) along with Abid Khan (P.W. 2), Sk. Habib (P.W. 3) and Sk. Okil (the deceased) of Sutahat came across the accused persons standing on the street and asked them as to why they were teasing and passing comments to the women folk for which a quarrel ensued between them. In course of the quarrel accused-Bata alias Batia Behera asked accused-Kasia (appellant in the Criminal Appeal) to bring a knife whereupon the latter went to his house, which is situated nearby, and came with a knife and while the other accused persons held the deceased on the road, accused Kasia stabbed him by means of the knife. Seeing the assault on the deceased when the informant was trying to escape accused-Kasia also attacked him and caused injuries. Thereafter, all the accused persons fled away from the spot. The deceased was taken to the hospital in a rickshaw by P.Ws. 1 and 2. On arrival in the hospital, the doctor declared him dead. The S.I. of Cantonment Police Station (P.W. 7) on getting information from some source proceeded to the spot and then to the hospital where the informant lodged the FIR scribed by one Sk. Ayas. The FIR was immediately sent to the Police Station where P.W. 11 received the same, registered a case and took up investigation. He issued requisition for the Scientific Team, visited the spot and on the next day morning examined witnesses, effected seizure of wearing apparels of the deceased and of certain materials collected by the Scientific Officer from the spot, arrested some of the accused persons and on 12-6-1996 handed over charge of investigation to his successor in office (P.W. 12), who prepared sketch map on visiting the spot, re-examined the witnesses and on completion of investigation submitted charge-sheet.

(3.) The plea of the accused persons is one of denial of their involvement in the alleged occurrence. Further in his statement under Section 313, Cr. P.C. accused-Bata alias Batia took the plea that he being a very old man the question of hurling comments along with his accused sons-Kasia and Bhasia to the women folk does not arise and that he was not present on the site at the time of occurrence. At the relevant time, he was sitting in the shop of Damia situated in Darjisahi and while present there he saw a Muslim boy having injuries being taken in a rickshaw and learnt that the injuries were sustained by the boy due to fight between two groups. The plea of the other accused persons, as seen from their statements under Section 313, Cr. P.C. is that on 20-5-1996 at about 6.00 p.m. while accused-Kasia and Bhasia were standing at the School Chhak two Muslim boys came in a bicycle and dashed against them for which there was an altercation between them. The two boys then left the spot giving threats that they would see them. Thereafter, accused-Pramod, who is a resident of Meriabazar, left for his house and accused-Kasia and Bhasia while returning to their house were attacked by some persons on the road in darkness and during such scuffle the deceased accidentally received stab injury dealt by somebody from his group and because of the previous quarrel of the same evening accused Kasia and Bhasia and their father have been falsely implicated.