SIRISH CHANDRA MOHANTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 12/4/2002 passed by the Special Judge, Mayurbhanj, Baripada in T.C. No.4 of 2001 arising out of G.R. Case No.149 of 2000 convicting the present Appellant for the offence punishable under Sec. 302 IPC read with Sec. 3(2)(v) of the S.C. and S.T. (P.A.) Act, 1989 and sentencing him to undergo imprisonment for life.

(2.) It must be mentioned at the outset that along with the present Appellant, nine other accused persons were sent up for trial for committing the murder of Nandru Ho. However, the present Appellant wasconvicted for the offence under Sec. 302 IPC read with Sec. 3(2)(v) of the S.C. and S.T. (P.A.) Act as well as two others namely, Raika@MadanMohantaand JayahariMohanta who were convicted for the offence under Sec. 323 IPC and sentenced to pay a fine of Rs.400.00 and in default to undergo simple imprisonment (SI) for fifteen days.

(3.) The case of the prosecution was that one ManikarPatra (PW 1) came to Karanjia Police Station (PS) and lodged a report to the effect that on 26/4/2000 at 12 noon certain villagers including ManojMahanta, NanduruMohanta, DaitariMohanta, PradeepPalbabu, NiranjanMohanta, ManoranjanMohanta along with 3-4 others had been to the cashew orchard situated in the border of the villages of Malharpada and Nodhagadia to consume the fruits by plucking. The cashew field was within Badgaon Gram Panchayat. When they were inside the cashew orchard, ten accused persons, who were villagers of Nodhagadia along with 17 to 18 others holding deadly weapons like Bhujali,lathi surrounded the villagers of Malharpada. RaitaMohanta (Accused No.3) (A3) is stated to have dealt a blow with a lathi on the head of ManikarPatra (PW 1), who sustained severe bleeding injury and looking at his serious condition, his co-villagers Nanduru Ho and DaitariMohanta came to his rescue. Accused SirishMohanta, the present Appellant (A2) is stated to have brought out a Bhujali from his dress and gave a piercing blow on the abdomen of Nanduru Ho, who sustained bleeding injury and cried for help. He is stated to have succumbed to his injury at the spot. Seeing this A2 is stated to have fled away from the spot with his weapon. DaitariMohanta was assaulted by JayahariMohanta (A9) with a lathi and sustained bleeding injuries. He too shouted for help. The villagers of Nodhagadia then fled away noticing the death of Nanduru Ho. The injuredwere then brought to the hospital in a bleeding condition for treatment by the villagers of Malaharpada.