NABIN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the appellants have been convicted for commission of offence under Sections 302 and 34 of the Indian Penal Code (in short 'IPC') and each one of them has been sentenced to imprisonment for life by the learned Addl. Sessions Judge, Deogarh in S.T. Case No.182/16 of 2001.

(2.) APPELLANT -Nabin Sahu is the father of appellant No,2 -Sarat Sahu, Appellant -Nabin Sahu is brother -in -law of the deceased, They had some dispute relating to their homestead land in village Gohida, It is alleged that appellant -Nabin Sahu instigated his two sons, namely, appellant No.2 -Sarat Sahu and Santosh Sahu to take revenge against the deceased by cutting his leg and hand. Thereafter, they chalked out a plan to call the deceased from his house in the night of occurrence with the help of one Mochi Pradhan. In the night of occurrence i.e. on 21.1.2011 when the deceased was sleeping in his house with his family members, the said accused Mochi Pradhan called the deceased and asked him to supply wooden door frame. When the deceased stated that the same was not available with his, a request was made to arrange the same from somebody else. In good faith, the deceased accompanied the said accused Mochi Pradhan to arrange the wooden door frame for him. At that time both the appellants and the other son of appellant No.1 namely, Santosh Sahu pounced upon the deceased on the road, assaulted him by means of bhujali and severed the right hand from the joint and ran away from the spot. Hearing the shout of the deceased, his wife -Sankha Naik (P.W.6) and son -Polasti Naik (P.W.7) rushed to the spot and found the accused persons assaulting the deceased. Thereafter, they shifted the deceased to the house and few hours thereafter, the deceased succumbed to the injury. In the following morning, P.W.7 lodged a written report before the A.S.I., Khairpali Out -post and a Station Diary Entry was made. The said written report was forwarded to the O.I.C., Kundheigola Police Station for registration of a case. Accordingly, the case was registered and investigation was taken up. On completion of investigation, charge sheet was submitted against four accused persons including the two appellants before us for commission of offence under Sections 302 and 34 of IPC. Accused Mouda Pradhan was charged for commission of offence under Section 201 of IPC.

(3.) THE trial Court accepted the evidence of two eyewitnesses, namely, P. WS.6 and7 and also relied on the medical evidence as deposed to by P.W.5 and found the two appellants guilty for commission of offence under Sections 302 and 34 of the Indian Penal Code. Rest of the accused persons were acquitted of the charges.