DARA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) A total of 38 accused persons including the present Appellant were prosecuted in S.T. Case No.91/2000 for offences under Ss. 396, 435, 212 of the Indian Penal Code ('I.P.C.'). The present Appellant was additionally charged under Sec. 302 I.P.C. for the murder of the deceased, namely, Sk. Rahaman.

(2.) The learned Sessions Judge, Mayurbhanj, Baripada upon completion of the trial, acquitted all other accused persons except the Appellant, who was convicted and sentenced to life imprisonment for commission of the offence of murder. He was acquitted of the other charges.

(3.) The prosecution case in short is that, on 26/8/1999 at about 4.30 p.m. at Padiabeda weekly market under Thakurmunda P.S. in the district of Mayurbhanj, accused-Chema Ho and Dipu Behera along- with some others came to the garment shop of the deceased and demanded 'Chanda' (subscription). The deceased refused to pay. This resulted loud altercation of words and shouting. All of sudden, the Appellant emerged from Durga-Mandap side of the weekly market raising an axe (M.O.I) and approached towards the deceased. Seeing the appellant deceased started running out of panic. The Appellant chased him to a distance and dealt a blow by the axe on his back side. Suddenly a feel of terror spread in the weekly market and the crowd present there started running helter-skelter in panic. As the deceased fell down, the Appellant dealt further blows on him. Other accused persons also dealt blows. They dragged the deceased back to his shop, torched his body pouring kerosene, looted the shop and fled away.