BATAKRUSHNA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two appeals are directed against the common order/Judgment passed by the learned Sessions Judge, Dhenkanal in S.T. No. 25 D of 1983 whereby and whereunder all the accused persons were acquitted of the charges under Sections 302, 307, 148, 302/149 of the Indian Penal Code, (hereinafter referred to as the 'IPC') nonetheless appellant respondent No.l, Batakrushna Parida, was convicted under Section 304, Part II, IPC and sentenced to undergo R.I. for 3 years. The Government of Orissa has filed the aforesaid Government Appeal against the order of acquittal of the respondents whereas appellant respondent No. 1, Batakrishna Parida, has filed the aforesaid Criminal Appeal against the order of conviction passed against him. Both the appeals were heard together and this judgment will govern both the appeals.

(2.) THE skeletal picture of the prosecution case as unravelled during trial is as follows : Village Saruali is consisted of three hamlets, namely, Gopal Sahi. Dehury Sahi, and Parida Sahi. There was on love lost between the villagers of Gopal Sahi and Dehury Sahi on one hand and Parida Sahi on the other. The long standing enmity existed on account of a dispute over some forest land as such land was allegedly under the possession.of the people of Dehury Sahi. Owing to such animosity the people of Dehuri Sahi stopped rendering service to the people of Parida Sahi for the last 6 .to 7 years preceding the occurrence. Since there was serious law and order problem. therefore, there was a proceeding under Section 107, Cr.P.C. and several suits were pending between the people of Dehury Sahi and Parida Sahi; The respondents in Government Appeal belong to Paridas Sahi whereas the victim as well as the prosecution witnesses belong to Dehury Sahi and Gopal Sahi. It was alleged that in the night of Kumar Purnima falling on 1.11.1982 the Dehury Sahi people had carried the image of Goddess Laxmi to the house of Bali Parida of Parida Sahi with whom Dehury Sahi people had developed some friendship. Therefore. the appellant respondents who belong to Parida Sahi raided the house of Bali Parida.

(3.) DECEASED Dambaru Behera chased Ganga Parida (since dead), but the latter over powered Dambaru and flung him on the ground. Thereafter Sidheswar (since dead) threw a big stone on the lower part of his abdomen as a result of which he sustained severe injury on his abdomen. He was taken to Kamakhyanagar hospital and immediately shifted therefrom to Dhenkanal Hospital where he breathed his last during treatment. There was exchange of pelting of stones from both the sides throughout the occurrence.