AKRURA BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against a judgment dtd. 25/10/2000 passed by the Additional Sessions Judge, Balangir in Sessions Case No.37/12 of 1998 convicting the Appellants for the offence punishable under Sec. 302 read with 34 IPC and sentencing them to undergo rigorous imprisonment for life.

(2.) It requires to be noted at the outset that on 26/4/2007, Appellant No.4 was released on bail. By another order dtd. 1/10/2007, the remaining three Appellants were enlarged on bail.

(3.) The case of the prosecution is that an FIR was lodged at the Patnagarh Police Station (PS) on 9/11/1997 by Gajin Sunani (P.W.1) that he had expected an untoward incident during harvesting and he had requested Iswar Saltar (P.W.3), Mohan Sunani (P.W.4), Bahadur Sunani (P.W.5), Roopsingh Sunani (P.W.6) and Kunja Sunani (the deceased) to remain present on the land while the harvesting operation was in progress. Likewise, when P.W.1 and his wife Mukhi Sunani (P.W.2) were engaged in the harvesting and in presence of P.Ws.3 to 6, the four Appellants along with one Ichha Bag came to the land armed with deadly weapons like tabli, tangi, tangia, barchi, lathi, bow and arrow and all of a sudden, Akrura Bag-Accused No.1/Appellant No.1 (A1) aimed an arrow shot towards them which was warded off by Mohan Sunani (P.W.4). At this, Bidyadhar Bag (A4) dealt a lathi blow on the head of Mohan Sunani (P.W.4) as a result of which he fell down sustaining bleeding injury. P.W.4 then fled away from the spot. On seeing such assault on P.W.4, the deceased Kunja Sunani protested. Then all the four Appellants indiscriminately attacked him with their respective weapons. As a result, Kunja Sunani sustained multiple injuries. P.W.2- Mukhi Sunani and P.W.5-Bahadur Sunani were also assaulted by the Appellants when they protested. The Appellants then fled away from the spot.