RATHA BASALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY the impugned judgment and order dated 29.6.2002 passed by learned Additional Sessions Judge, Angul in Sessions Trial No.81 -A of 2000/23 of 2000, the appellant has been convicted and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code (for short 'the I.P.C.') for having committed murder of deceased Suramani @ Sura Sahu and Aji @ Ajaya Sahu. Appellant has also been convicted under Section 323 of the I.P.C. for causing hurt to P.W.3 Cheru @ Hrusikesh Sahu, but no separate sentence has been awarded thereunder.

(2.) INFORMANT P.W.2 is the nephew of the deceased persons as well as P.W.3. P.W.9 is appellant's wife. Occurrence took place on 21.1.2000 at 8.00 P.M.

(3.) PROSECUTION case is that at about 5.30 P.M. on the date of occurrence the appellant assaulted P.W.3 by means of a lathi and took away his motorcycle. P.W.3 came to the house of deceased Suramani and informed about the incident upon which P.W.3 and deceased Suramani went towards the house of the appellant. Informant P.W.2 and deceased Aji also followed them in order to bring the motor -cycle. Appellant was not in his house, but the motor -cycle was kept in front of his house. They informed appellant's brother and brought the motor -cycle. Deceased Suramani was holding the handle of the motor -cycle whereas informant P.W.2 and deceased Aji were pushing it from behind. When they reached near the tank at about 8.00 P.M. the appellant obstructed and asked as to why they were taking the motorcycle. Thereafter, he dealt a blow by means of a tangi on the head of deceased Suramani as a result of which Suramani sustained injury, fell down and died at the spot. When deceased Aji intervened, appellant dealt another blow by means of the tangi on him resulting in injury. Out of fear P.W.2 ran away from the spot and informed the villagers. On the basis of oral narration of informant P.W.2 at Handapa P.S., the Officer -In -Charge P.W.13 prepared the First Information Report Ext.1, registered the case under Sections 341, 302, 307 and 323 of the I.P.C. and took up investigation. Deceased Aji died while receiving treatment for injury in the hospital at Cuttack. On completion of investigation, charge -sheet was submitted against the appellant for commission of offences under Sections 341, 302 and 323 of the I.P.C.