SANATAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant assail the judgment and order of conviction passed by the Addl. Sessions Judge, Bhadrak in Sessions Trial No. 6 of 1996, sentencing Appellant Nos. 1 and 2 under Section 302 IPC for committing murder of Rangadhar Barik and Kunjabehari Barik respectively and sentencing them to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 2,000/ each, in default to undergo further imprisonment of six months.

(2.) BEREFT of unnecessary details, the facts as revealed from the F.I.R. (Ext. 1) lodged by Srikanta Barik (P.W. 1) who is the son of deceased Rangadhar Barik and brother of deceased Kunjabehari Barik are as follows ; On the night of July 12/13 of 1995, Rangadhar was sleeping in the Eastern side outer verandah whereas Kunjabehari, the other deceased, was sleeping on the Northern side outer verandah of their residential house. At about 4 A.M. of July 13, 1995, the informant heard noise from the Eastern side outer verandah, rushed to the spot and found that his father had fallen down from the verandah and his elder brother Kunjabehari had caught hold of Sanatan and was shouting that accused Sanatan Jena has killed his father. Accused Sanatan was holding a knife and was trying hard to escape from the clutches of Kunjabehari. The four sons of accused Sanatan including his elder son accused Ranjan were trying to free Sanatan from Kunjabehari. Ranjan was inflicting blows by a long knife on Kunjabehari. When informant (P.W. 1) wanted to catch hold of the right hand of Sanatan in which he was holding the knife, he sustained a cut injury on his left thumb. Seeing the occurrence, P.W. 1 shouted. At that moment the accused Ranjan said to have inflicted a stab blow, on the belly of Kunjabehari. Hearing hullah, Ananta Prasad Mohanty (P.W. 3), Malati Barik (P.W. 2), Aiaka Barik (P.W. 4} the widow and daughter of Rangadhar and other witnesses who are staying nearby came running to the spot. Seeing them, accused Ranjan and his other brothers fled away from the spot. The informant (P.W. 1) and witness Ananta Prasad Mohanty (P.W. 3) snatched aware the knife from the accused Sanatan and tied him. With the help of the villagers, they carried Kunjabehari to Bhadrak Sadar Hospital. On the way, near Haripur Nursury Square, Kunjabehari breathed his last. It is also mentioned in the F.I.R. that a civil litigation was sub judice between Sanatan Jena and his father Rangadhar Barik and being enraged, accused Sanatan and his sons murdered the father and brother of the informant. On the basis of the aforesaid F.I.R. which was lodged before the Officer in Charge, Bhadrak (R) Police Station on July 13, 1995 at 6.45 A.M., Bhadrak (R) P.S. Case No. 188 of 1995 was registered under Section 302 read with Section 34 IPC and after completion of investigation, charge sheet was submitted only against accused Sanatan Jena. In course of hearing, after examination of the informant as P.W. 1, on the basis of a petition filed under Section 319 Cr.P.C., and taking into consideration the evidence of P.W. 1, accused Ranjan Kumar Jena and Niranjan Jena, two sons of Sanatan were called upon to face trial under Section 302/34 IPC for intentionally causing death of Kunjabehari Barik in furtherance of their common intention. It is needless tosay that all the accused persons emphatically denied the allegations levelled against them and pleaded innocence. It is further alleged that they have been falsely implicated in the present crimet as civil litigations are pending inter se between the parties.

(3.) AT the other hand, no witness was examined from the side of the defence. However, the statement of witnesses Srikanta Barik (P.W. 1), Smt. Malatilata Barik (P.W. 2) and Alaka Barik (P.W. 4) before the I.O. made under Section 161 Cr.P.C. have been marked as Exts. A, B and C respectively on behalf of the defence, the report of the Scientific Officer (Ext. 9) is also relied upon by the defence.