SNEHALATA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since the facts of both the appeals are common and they arise out of a common judgment passed by the learned Second Additional Sessions Judge, Berhampur, they were heard together and are disposed of by this judgment.

(2.) Appellant No. 1 in Criminal Appeal No,. 328 of 1992 and appellants in Criminal Appeal No. 363 of 1992 are sister and brothers respectively of the deceased Pramod Kumar Sahu. These appeals present a very horrendous picture where The sister and brothers along with the brother-in-law (sister's husband) have been implicated in the ghastly murder of the deceased Pramod Kumar Sahu.

(3.) The skeletal picture of the prosecution story as depicted in course of trial is that on 2.6.1991 at about 2.00 A.M. in the night, Pramod was brutally murdered by his own sister and brothers in which the brother-in-law of the deceased was also allegedly involved. It is stated that on 30th May, 1991 the appellants solemnised the marriage of the younger sister of the deceased, to which neither the deceased Pramod nor his father-in-law was invited. It may be mentioned here that the deceased along with his wife (P.W. 1) and children was staying in the house of his parents-in-law. On 1.6.1991 at about 7 A.M. Pramod met his mother on the road and asked her as to why he was not invited to or informed about the marriage of his sister. Thereafter, he went away to attend to his day's work and returned home at about mid-night. After his return while he was sleeping, the appellants Prasant and Pradip came in front of the house of the deceased and shouted for him. They also pelted stones. So, Pramod woke up from his sleep and despite the protest by his wife P.W. 1, he came to the road, followed by his father in-law and mother-in-law (P.Ws. 3 and 4). When the deceased was talking with appellants Pradip and Prasant, the other appellant Snehalata came abruptly with a 'Paniki' (vegetable cutting instrument) and gave a blow on the head of Pramod by which he fell down with face upwards. Thereafter appellant Pradip snatched away the Paniki from Snehalata's hand and gave a number of blows indiscriminately to Pramod. In the meanwhile, appellant Prasant brought a sword and assaulted the deceased. The appellant Duryodhan allegedly came with an iron rod and assaulted the deceased. At this juncture, P.W. 1, the wife of the deceased Pramod, entreated the appellants to desist from further assault on Pramod, but that did not evoke any response from the appellants; rather appellants Snehalata, Prasant and Pradips assaulted her. The deceased was lying with severe bleeding injuries on the ground. Thereafter, all the appellants went to their house.