KALESWAR MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants assail their conviction under Sec. 302, 449 and 342 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) recorded by the learned Adhoc Additional District and Sessions Judge, Sundargarh in Sessions Trial No.55/15 of 2000 wherein they have been sentenced to undergo imprisonment for life under Sec. 302/34 of the Penal Code and also to undergo imprisonment for life under Sec. 449/34 of the Penal Code. But, no separate sentence was passed for their conviction under Sec. 342/34 of the Penal Code. It was further directed vide the aforesaid impugned judgment that the above said two sentences were to run concurrently.

(2.) The case of the prosecution in short is that on 17/3/1999 at about 8.00 A.M. at village Thutipipal (Kendudihi) while informant Rahasbihari Naik and his son deceased Bholeswar Naik were in their house, five accused persons, namely, Khaleswar Majhi, Paleswar Majhi, Kailash Majhi, Sachindra Majhi and Munu Majhi barged into it and forcibly dragged Bhuleswar out of the house. They took him to a place in front of the house of the accused Dasarath Majhi, tied his hands and feet with ropes and then fastened him to a Bakamba tree. In spite of the protest of Rahasbihari, the above said five accused persons started assaulting Bhuleswar with bamboo lathies. On getting information about the assault, the brother, mother and uncle of Bhuleswar, who were then working in their field nearby, came to the spot and witnessed the occurrence. Accused Munu Majhi went to his house which is very close to the spot, brought out a budia and with it, assaulted Bhuleswar on his head. As a result of the assault, Bhuleswar died at the spot.

(3.) The Investigation Officer took necessary steps and upon completion of investigation, submitted charge-sheet against the appellants and other three accused persons, namely, Munu Majhi, Dasarath Majhi and Sankar Majhi under Ss. 450, 341, 302 read with Sec. 34 of the Penal Code. The learned Adhoc Additional District and Sessions Judge, Sundargarh on 4/6/2001 framed charges under Sec. 449/ 342/ 302/ 34 of the Penal Code against the appellants and other above named accused persons. During the course of trial, the accused Munu Majhi died and the case abated against him.