SHYAM CHANDRA Vs. STATE OFORRISA

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Sessions Judge, Sundargarh in ST. Case No.146 of 1996. All the three appellants have been convicted for commission of offence under Sections 302,147 and 148 of the Indian Penal Code (in short 'IPC') and also have been convicted for commission of offence under Sections 450 and 149 of IPC. For their conviction under Section 302 rof IPC, they have been sentenced to imprisonment for life. Similarly for their conviction under Sections 147 and 149 of IPC, they have been sentenced to imprisonment for one month and for their conviction under Sections 450 and 149, they have been sentenced to imprisonment tor three months.

(2.) Case of the prosecution is that on 19.2.1996 night, the inhabitant of huts belonging to Munda Community were celebrating obsequies ceremony of one Laxman Munda at a little distance from the house of the deceased. The community members were celebrating the ceremony by playing music and dancing. A feast had been arranged. Some of the Community members after taking food and liquor, left the place at about 11 p.m. All the accused persons at that point of time came alongwith two absconding accused Matai Munda and Joseph Munda and quarrelled with the deceased Ramesh Gagarai in front of his house. Thereafter, they assaulted Ramesh by means of deadly weapons, which they were carrying with them. Thereafter, they entered into the house of the deceased Ramesh and dragged out Jema Gagarai and killed her in the same manner suspecting both the husband and wife to be which practisers. It is further alleged by the prosecution that hearing hulla of the accused persons, the informant and few others, who were near the feast, rushed to the spot but being afraid of the accused persons, they escaped and went back to their respective houses, in the next morning, PW1 came to the spot and found two dead bodies lying in front of their house. Thereafter, he informed about the incident to Grama Rakhi and as per his advise, went to Koida Police Station and lodged the F.I.R. On the basis of FIR., investigation was taken up and on completion of investigation, charge-sheet was submitted for commission of the aforesaid offence. All the three appellants pleaded not guilty.

(3.) Prosecution in order to prove the charges examined nine witnesses. PWs 1, 2 and 3 were examined as eye-witnesses to the occurrence whereas PW4 was examined to prove the seizure of blood-stained earth, sample earth, one tangia and lathi from the spot. PW5 is the Grama Rakhi, who was informed about the incident by PW1 on the following day of incident. PW6 is a witness to the inquest and PW7 is a Constable, who had carried both the deceased for postmortem examination. PW8 is the Doctor, who conducted post-mortem examination. PW9 is the I.O.