LAXMINARAYAN HANSDA AND TWO ORS. Vs. STATE

JUDGEMENT

(1.) THE three Appellants along with seven others stood charged under Section 148, Indian Penal Code for having formed themselves into an unlawful assembly with the common object of causing the death of one Sukram Mahanta and also under Section 302/149, Indian Penal Code for having caused the death of the said Sukram Mahanta in prosecution of their common object. Appellant No. 1 Laxminarayan Hansda was further charged under Section 323, Indian Penal Code for voluntarily causing hurt to P.W. 5 Maheswar Mahanta. After trial, Appellant No. 2 Simal alias Sayal Hansda and Appellant No. 3 Sagram alias Sagram Hansda were convicted under Section 302 read with Section 34, Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellant No. 1 Laxminarayan Hansda was convicted under Section 323, Indian Penal Code and sentenced to undergo rigorous imprisonment for one month. Other accused persons were acquitted of the charges framed against them.

(2.) PROSECUTION case was that on 17 -11 -1976 at about 1.30 p.m. while P.W. 5 Maheswar Mahanta and his brother including Sukram Mahanta (the deceased) were cutting paddy from a piece of land in their cultivating possession and stacking the same on the land of one Mohan Singh all the accused persons being armed with deadly weapons came in a body and started loading the stacked paddy sheaves in a bullock cart brought by them for the purpose. P.W. 5 rushed to village Ragdha and called the Punch members. While returning, he found from a distance that the accused persons were yoking their bullocks for driving the bullock cart. He went running, stood in front of the cart and asked the accused persons to wait till the arrival of the Punch members. At this, Appellant No. 1 Laxminarayan got annoyed and assaulted P.W. 5 on his head by means of a lathi as a result of which he fell down. Immediately after the fall, he stood up, snatched away the lathi from the hand of Appellant No. 1 and dealt a blow on his head as a result of which he fell down. Appellants 2 and 3 assaulted the deceased on his head by means of lathis as a result of which he fell down with bleeding injuries on his head. Budhuram Maharita, who is a brother of P.W. 5, assaulted on the head of Appellant No. 3 Sagram with a Bahungi. In the mean -time, the Punch members arrived at the spot and one of them snatched away the weapons from the Appellants, and made arrangement to send P.W. 5 and the deceased to the Primary Health Centre for treatment. The weapons, the paddy sheaves and the bullock cart were kept in the custody of one of the Punch members. Durjyodhan Mahanta who is one of the brothers of P.W. 5 went to Betnoti Police Station and lodged F.I.R. (Ext. 8) and investigation was taken up. The Officer -in -charge of the Police Station visited the Primary Health Centre and found the deceased and P.W. 5 lying injured. He issued requisitions for their medical examination and then visited the spot. He found injuries on Appellants 1 and 3 and sent them for medical examination. The deceased was removed to Baripada Hospital where he died. The Investigation Officer went to Baripada Hospital, held inquest over the dead body and arranged for its post mortem examination, Appellants No. 2 and 3 were arrested on 26 -11 -1976 and Appellant No. 1 on 1 -12 -1976. After due investigation, charge -sheet was submitted against all the accused persons.

(3.) AT the trial prosecution examined 13 witnesses of whom P.Ws. 1, 3, 5. 8 and 11 were said to be eye -witnesses to the occurrence. P.Ws. 9 and 12 were examined to move possession of P.W. 5 and his brothers over the land in question. Three defence witnesses were examined by the accused persons.