RABI BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order dated 15.06.1992 passed by the learned Sessions Judge, Puri In S.T. Case No. 284 of 1992 convicting the appellants under Section 302/34 of the Indian Penal Code, in short, 'IPC' and sentencing them to undergo imprisonment for life has been assailed in this appeal.

(2.) THE prosecution case which has been narrated in brevity in the trial Court's judgment is as follows : On 26.9.1990 on the Mahaastami day in the month of Aswina (Dasahara), the deceased Laxmidhar Pradhan alias Lakhia along with his companions, namely, Baidyanath Nanda (P.W.6), Bhikari Behera (P.W.8) and Braja Pradhan went out for a feast. On the way near Mangalahat Mahabir Chhak, Suria alias Surendra Sahu (P.W.4) also joint them. Braja took the food articles ahead of other companions to Bada Pokhari Jaga, the place where they arranged the feast. P.Ws.6, 8 and the deceased Lakhia remained back at Mahabir Chhak to purchase some spices, betel and bidi (tobacco). It has been described further that from Mahabir Chhak, the deceased Lakhia along with P.Ws.6 and 8 went to Bhoi Sahi to consume liquor as Bhoi sahi people used to deal in sale of illicit liquor. Appellant No. 1, Rabi Bhoi is the agnatic nephew of Uchhab Bhoi whereas appellant No. 2 Ramesh is his son. P.Ws. 4. 6 and the deceased picked up a quarrel on account of non supply of liquor at late night on the date of incident with Uchhab Bhoi. Following such brawl, some one is said to have set fire to the roof of Uchhab Bhoi, as a result of which his house was gutted with fire. The appellants who were present there and involved in the altercation, chased Lakhia and his companions, who in order to save their lives, tried to run away hither and tihther. At that time, the appellant No. 2, Ramesh Bhoi had a sword in his hand. In the process of running, the deceased lagged behind and was over powered by the appellants since Rabi prevented him from proceeding further. Thereafter appellant Ramesh dealt three blows on the deceased two on the backside left shoulder and one on the left knee, by the sword. After receiving the injuries, the deceased scuffed up to a distance of about 30 40 feet but could not proceed further and fell down in front of the house of one Purna Behera. Few moments thereafter, he succumbed to the injuries.

(3.) TWELVE witnesses have been examined by the prosecution out of whom the evidence of P.Ws. 4, 6, 7, 8, 10 and 12 is significant. P.Ws. 4, 6, 7, 8 and 10 are said to be eye witnesses to the occurrence, who had presented minute details of the incident before the learned Sessions Judge. The learned Sessions Judge after considering the evidence of the witnesses was inclined to convict both the appellants under Section 302/34 IPC. Therefore, they have filed this appeal questioning the propriety of the order of conviction and sentence.