ARDHA MANDANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal from jail is directed against judgment dated 8.2.2006 passed by the learned Additional Sessions Judge, Rayagada in C.T.No.68 of 2005 convicting the appellants under section 302 and 201 read with 34 of the I.P.C. and sentencing each of them to undergo imprisonment for life and to pay fine of Rs.5000/-, in default to undergo R.I. for six months under section 302 read with 34 of the I.P.C. and to undergo R.I. for seven years and to pay fine of Rs.1000/, in default to undergo R.I. for two months, under section 201 read with 34 of the I.P.C.

(2.) Allegations in the case relate to commission of murder of deceased Okila Mandangi. Informant P.W.5 is deceased's brother. P.W.4 is P.W.5's wife. Appellants Jujhaand Ardha happen to be agnetics of the informant and the deceased. Occurrence took place in the evening on 4.5.2005.

(3.) Prosecution case is that long back father of the informant P.W.5 and deceased purchased three acres of land from appellant Ardha Mandangi by giving him one pair of buffaloes and one bullock. Informant's father along with the informant and deceased were in joint cultivating possession of the purchased land. However, the deceased demolished his own house and abandoned his village. Therefore, he used to occasionally come to the occurrence village. Fifteen days prior to the occurrence appellants Ardha and Jujha sold the land to P.W.8 without informing the informant and the deceased. When informant and the deceased asked regarding the same to appellants Jujha and Ardha, they picked up quarrel with them. Deceased left for village Kuting where he was residing. On the date of occurrence deceased came to the occurrence village and sat in front of house of P.W.3 on a rock.