JALANDHAR MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18.7.2006 passed by the learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna in Sessions Case No.137 of 2002 convicting the appellants under section 302 read with 149 and 34 of the Indian Penal Code (for short, the I.P.C.) as well as section 148 of the I.P.C.; and sentencing each of them to undergo imprisonment for life and to pay fine of Rs.10,000/ -, in default to undergo rigorous imprisonment for one year, under section302 read with section 149 and 34 of the I.P.C. and to undergo rigorous imprisonment for three years under section 148 of the I.P.C.

(2.) ALLEGATIONS in the case relate to murder of deceased Bijaya Khamari. Deceased belonged to village Chancharamal whereas appellants belong to village Sunamal. Occurrence took place on 14.6.2000

(3.) PROSECUTION case is that on the date of occurrence at about 10 A.M. informant P.W.1 along with the deceased, P.W.2, P.W.3 P.W.5 and P.W.6 as well as other co -villagers had been to Badadangar hill near their village to collect firewood. They collected firewood and returned home to take food. In the afternoon at about 4 P.M. P.W.1, P.W.2, P.W.3, P.W.5, P.W.6 and deceased again went to forest to bring firewood. While returning with firewood on the way at about 5 P.M. they were challenged by appellants and others who were holding tangias, lathis and gun near the land of appellant Jalandhar by the side of Totapada road. They abused in filthy language saying as to why 'Doms' were taking away trees from their jungle and threatened to kill them. Appellants Kailash, Jalandhar and Gora as well as co -accused persons Dharamsingh and Bhadra Disari caught hold of the deceased upon which appellant Thakur dealt tangia blows on him. Soon thereafter 50 to 60 persons belonging to village Sunamal rushed there holding tangias and lathis and assaulted the deceased. Appellant Gora assaulted the deceased's brother P.W.5 by means of tangia causing bleeding injuries. When the deceased fell down after being assaulted, appellant Thakur and others dealt tangia blows on his head and legs. Also, deceased's fingers were cut and he was assaulted by lathis. Being assaulted by lathis informant P.W.1 and his companions returned to their village out of fear. As the deceased did not return for about half an hour, 10 to 12 residents of village Sunamal including the informant went in search of him. They found the deceased lying unconscious with bleeding injuries on him in a field. They administered water upon which the deceased regained sense. While bringing the deceased, on the way, on being asked by P.W.9 and others, he told that he was assaulted by appellant Thakur and others. In his house also deceased told his family members that he was assaulted by appellant Thakur and other residents of Sunamal. Deceased died while arrangements were being made to shift him to hospital. On the basis of written report Ext.1/1 submitted by P.W.1 at Jaipatna Police Station, the Officer In -charge P.W.13 registered the case and took up investigation. On completion of investigation, charge -sheet was submitted against the appellants and 10 others for commission of offences under sections 147/148/323/294/307/302/506/149 of I.P.C.