HARASA @ HARSHA BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 26/8/2000 passed by the Additional Sessions Judge, Talcher in S.T. Case No.118-A/25 of 1998/2000 convicting the Appellants for the offence punishable under Sec. 302 read with Sec. 34 IPC and sentencing each of them to undergo imprisonment for life.

(2.) By an order dtd. 3/4/2004, the Appellants were directed to be enlarged on bail during the pendency of the appeal.

(3.) The case of the prosecution is that on the intervening night of 20th/21/4/1998, Goberdhan Behera (since deceased), who was the informant in the case, and his daughter-Pravati Behera (P.W. 2) woke up from their sleep hearing a sound from the courtyard in front of their house. When they came to the courtyard, they noticed deceased-Bimbadhar, son of the informant and brother of P.W.2, groaning in his sleeping place (khata). When they neared the deceased, they could notice the three accused - Harsha Behera, Accused No.1 (A1), his brother Sarata Behera (A2) and Prakash Sahu (A3) holding burchha in their hands were going away towards their village. The informant and P.W.2 found Bimbadhar lying dead in the pool of blood. They immediately called the neighbours and others, who came to the spot. The informant disclosed to them that the accused had killed his son and that A1 had threatened his son that he would kill him in case his son is appointed as a control dealer. The case of the prosecution, as spoken by the informant, was that since the deceased had been appointed as a control dealer and received the official order to lift the rations on 22/4/1998, the accused persons murdered him in the intervening night of 20th / 21/4/1998, a day prior to the lifting of the ration.