GOKUL SATNAMI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a case of fratricide. The appellant has been convicted for the offence under section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) for having corn milted murder of his brother and step brother on the auspicious day of Ratha Yatra of the year 1999 (14.7.1999) in Sessions Case No. 18/2000 (S.C. 356/1999 of S.J. Jeypore) of the Court of Additional Sessions Judge. Nabarangpur. He has been sentenced to undergo imprisonment for life.

(2.) Bereft of unnecessary details, the case of the prosecution is that one Mehantar Satnami of Adhikariguda had two wives. The informant P.W. 1. Sudan Bai Satnami. is his second wife. The deceased Nakula Satnami and accused Gokul Satnami are sons of Mehantar Satnami through his first wife. Deceased Sahadeva Satnami is Mehantar Satnami's son through his second wife, i.e., P.W. 1. Mehantar Satnami and P.W. 1 has also a daughter namely. Nirabai Satnami. Sukrit Rain Satnami. P.W. 2, is Mehantar Satnami's younger brother. It is further alleged that P.W. 1 had dispute with P.W. 2 for user of land and worship.

(3.) On 14.7.1999 deceased Nakula Satnami quarreled with Sukrit Ram Satnami. Sukrit Rain Satnami told Gokul Satnami to console Nakula. Around 8.00 p.m. that night P.W. 1 along with deceased Sahadeva Satnami, who was ten years old at that time, and Nirabai Satnami, who was about five years old at that time, wept to sleep in the house. In the meantime, Gokul Satnami, i.e., the appellant, asked Nakula Satnami the reasons of quarrel with Sukrit Rain Satnami, as a result the deceased Nakula Satnami became angry and shouted at the appellant. When Gokul Satnami protested a tussle ensued among them. Gokul then being angry brought a tangia and assaulted Nakula Satnami on his head and chest causing severe injuries and death of deceased Nakula.