BASET MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both the appeals are directed against the same impugned judgment of conviction and order of sentence dtd. 8/12/2004 passed by the learned Additional Sessions Judge, Rairangpur in C.T. No.50 of 2003 (ST No.251 of 2003) convicting each of the Appellants for the offence punishable under Sec. 302/34 of IPC and sentencing them to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.1,000.00 and in default to undergo RI for one month each.

(2.) It must be mentioned here that while Baset Majhi (Accused No.2/A2), the Appellant in JCRLA No.46 of 2005 was enlarged on bail on 30/8/2012, Hikim Majhi (Accused No.1/A1), the Appellant in JCRLA No.49 of 2005, was enlarged on bail on 2/12/2011. They have each approximately undergone imprisonment for more than eight and half years.

(3.) The case of the prosecution is that the two Accused are the cousin brothers of the deceased Purna Chandra Soren. On 10/5/2003, at around 7 am, both the Accused went to the land where the deceased and his son were present and they had an argument about why the deceased was ploughing the land. The deceased replied that he was ploughing his own land. Upon this, A1 stated to have pelted a stone which hit near left ear of the deceased. A2 then assaulted with a mud boulder on his head. Thereafter, with the Barishi, A1 caused severe bleeding injuries on the cheek of the deceased. Soon after this, the son of the deceased Pitha Soren (P.W.2) ran away to his house out of fear and reported the matter to his mother. Thereupon, the wife of the deceased, one Laxmi Soren and others came running to the land and found the deceased lying senseless with bleeding injuries. They shifted him by a car to Badampahad Primary Health Centre, but the Doctor advised that he should be shifted to the Rairangpur Hospital. They reported the matter to the Informant-Pitabas Majhi (P.W.1) whose house was situated in front of the Badampahad PHC. The Doctor at Rairangpur Hospital declared the deceased as brought dead.