BIJAYA ANANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two appeals arise out of a common judgment dated 2-2-1988 of the Additional Sessions Judge, Parlakhemundi in a case under S. 302, I.P.C. The learned Additional Sessions Judge having convicted appellant Prashant Pradhan under S. 302 and appellants Bijaya Ananda and Yenkata Rama Rao under S. 302 read with S. 109 of the Indian Penal Code and having sentenced all of them to undergo imprisonment for life, they are in appeal.

(2.) Prosecution case is, deceased Basanta Ananda and some others of his village were antagonistic towards appellant Bijaya Ananda during the preceding Grama Panchayat election. It was alleged that the occurrence was on account of this bad blood between the two rival groups. On 22-10-1985 at about 2 p.m., deceased Basanta Ananda was proceeding from his village towards village Tabarada to purchase some grocery articles with a bag in his hand. A little distance before village Janapada on the main road leading from Parlakhemundi to R. Udayagiri, when the deceased reached near a Bahada tree, it was alleged that these appellants along with 7 others reached the place from the opposite direction. When they saw the deceased, appellant Bijaya Ananda asked the other persons to finish up the deceased. At this appellant Yenketa Rama Rao who was holding an axe in his right hand, handed over the same to appellant Prashant Pradhan who thereafter dealt a blow with the same on the head of deceased Basanta Ananda who fell down on the road with a bleeding injury and subsequently, appellant Prashant dealt a second blow on the back of the neck of the deceased who died at the spot. P.Ws. 2, 10 and 12 were witnessing the occurrence from a distance while sitting under a Karanja tree. Two of the witnesses, out of fear, ran towards the jungle and the other, namely Nahasan Singh (P.W. 2) went back to the village of the deceased and informed his father. Later the father of the deceased and other villagers reached the place and found the dead body of Basanta Ananda lying on the road. P.W. 11 Bibhisana Ananda, father of the deceased lodged the report at the R. Udayagiri Police Station. The investigating officer registered the case, took up investigation and after observing all formalities with regard to the investigation and having found a prima facie case of murder, submitted charge-sheet under Ss. 302/109/34, I.P.C. and that is how the appellants on trial were convicted as mentioned above.

(3.) The appellants in their 313 statements denied the prosecution case. Appellant Yenkata Rama Rao took the plea of alibi stating that on the date of occurrence he was admitted in the Guma hospital as an indoor patient