STATE Vs. RAJA PARIDA

JUDGEMENT

(1.) THE two appellants were convicted by the Sessions Judge of Mayurbhanj -Keonjhar under Section 302/34, Indian Penal Code and Section 201/34, Indian Penal Code. For their conviction u/s. 302/34, I.P.C., each of them is sentenced to death. No separate sentence is passed against them for their conviction under Section 201/34, I.P.C. The appellants have filed appeals against their conviction and the Sessions Judge has made a reference under Section 374, Criminal Procedure Code for confirmation of the sentence of death passed against the appellants. The appeals and the reference have been heard together.

(2.) THE prosecution case may be stated. The deceased Sahadeb Jena was working as a Forest Guard in the Barang beat. At about 7.30 a.m. on 16.6.1969, he along with Khetramohan Das (P.W. 3) went towards the Barang reserve forest to see if there was any illicit felling of trees. On the way, they saw Kodanda Jena (P.W. 2) returning from the forest with a log of wood. On the direction of the deceased. Kodanda Jena left the log of wood by the road side and accompanied him to the forest. When this party had proceeded to some distance inside the Barang reserve forest, the deceased found a number of Sal trees which had been freshly cut lying on the ground. Hardly had they proceeded a few yards ahead when they noticed the appellant Raja Parida who was engaged in cutting a Sal Tree. The Forest Guard proceeded a few yards in advance of his companions and approached Raja Parida and demanded from him the permit to cut the tree. When Raja Parida told that he had no such permit, he was asked to accompany the Guard to the beat house. Thereupon, the deceased was rebuked and threatened by Raja Parida. Apprehending that further exchange of words with the appellant Raja Parida would involve him in trouble, the deceased came back from that place accompanied by P.Ws. 2 and 3. Raja Parida thereafter stopped cutting the tree and followed the deceased and his two companions. Raja's brother Hrusi Parida, the other appellant was also engaged in cutting a tree in the forest at a certain distance from the path by which the deceased was proceeding. On enquiry from Kodanda P.W. 2 who was walking a few spaces behind the deceased, Hrushi Parida came to learn that the Forest Guard had come and was going ahead. Hrushi rushed towards the deceased with an axe in his hand and gave a blow with the handle of the axe on the back of the deceased Forest Guard who fell down on the ground. Thereafter, Hrushi began to assault him on his legs and knee joints with the blunt side of the axe. Meanwhile, Raja arrived at the spot and gave a blow with the blunt side of his axe on the head of the deceased saying that he should be finished. As a result of the blow, the Forest Guard died. Thereafter on the direction of Hrushi, Raja and Kodanda carried the dead body towards the Bharadagadia hills and Hrushi also joined them in carrying the dead body. Meanwhile, P.W. 3 had escaped from the scene of occurrence and from behind a bush had observed all that had happened. At the time of removing the dead body. Hrushi asked Raja as to what happened to the other boy who came with the Forest Guard. At the mention of his name, Khetramohan (P.W. 3) out of fear ran away to a village nearby. The dead body after being carried for some distance was placed near a tree, and leaving P.W. 2 there, the two appellants went inside the forest to select a suitable place for the disposal of the dead body. Taking advantage of the temporary absence of the appellants, P.W. 2 ran away from the spot, noticing this, the two appellants threatened him from behind that if he would disclose the facts to anybody else, they would kill him and the members of his family. Thus being terrified P.Ws. 2 and 3 kept quiet over the matter.

(3.) P .W. 3 Khetramohan Das is a boy of about 20 years. He has deposed that on the morning of the date of occurrence, on being requested by the deceased Forest Guard he accompanied him to the Barang reserve forest. On the way they met P.W. 2 Kodanda and on being asked by the Forest Guard, the latter also accompanied them to the forest. Leaving behind P.Ws. 2 and 3, the Forest Guard advanced to the place where Raja Parida was cutting the tree and asked him either to make over the axe to him or to accompany him to the beat. Raja, it seems, rebuked the guard and the latter came back where P.Ws. 2 and 3 were standing and all the three were coming back from the forest, while they were coming back, they saw the other appellant Hrushi Parida cutting a tree at another place. Hrushi enquired from Kodanda as to who were going with him and on being informed that the Forest Guard was going with them Hrushi came to the Rasta by which P.Ws. 2 and 3 and the deceased were going and gave a push on the back of the deceased with the but end of the axe. The Forest Guard fell down on the ground, and out of fear. P.W. 3 ran away and hid himself behind a tree. From there he saw that after the Guard fell down on the ground on being pushed by Hrushi, the latter assaulted him on knee joints and legs with the blunt side of the axe. At this point of time, Raja came there, and saying that the Forest Guard should be finished, gave a blow on the right side of the head over the right ear with the blunt side of the axe. The Guard then began to groan in pain. Thereafter on the direction of Hrushi. Hrushi, Raja and Kodanda carried the dead body of the deceased towards the Hudi (hillock). At that point of time. Hrushi stated that the young boy (referring to P.W. 3) who came with the Forest Guard should be found out. On hearing this, P.W. 3 ran away to his village out of fear. The evidence of P.W. 3 is substantially corroborated by P.W. 2. He has added that when he and two appellants were carrying the dead body of the Guard towards the Hudi, they placed it on the ground and leaving P.W. 2 there, the two appellants went inside the forest to search for a suitable place for concealing the dead body. Taking advantage of the situation P.W. 2 ran away from the spot and while running away, the appellants threatened him that if he would disclose the facts to any body, he and his family members would be killed. P.W. 2 adds that being thus frightened, he did not disclose the facts to anybody till he was examined by the Police.