STATE Vs. SASBIBHUSAN HARICHANDAN AND

JUDGEMENT

(1.) OUT of the 17 Appellants, accused Sashibhusan Harichandan and Hari Martha have been convicted under Section 302 Indian Penal Code and sentenced to death. All the 17 Appellants have been convicted under Section 148 Indian Penal Code and sentenced to R.I. for one year each. All other Appellant excepting Sashibhusan Harichandan and Hari Martha have also been convicted under Section 304/149 Indian Penal Code and sentenced to R.I. for five years each. The sentences to run concurrently. Accused No. 18 Parsuram Harichandan has been acquitted of all charges.

(2.) THE prosecution case is that in village Godijhar there are to Sahis. There is a tank called Jharia Tank. Out of the 18 accused persons, 4 belong to Nuasahi and the rest belong to Purunasahi. The admitted case of both the parties is that at about noon on the date of occurrence (5 -11 -1961) there was mutual assault between the party of the accused persons and that of the Barada families of Nuasahi. In that fight Dinabandhu Barada was severely assaulted and he died about one hour after the noon incident. Deceased Banchhanidhi is the nephew of the deceased Dinabandhu. The prosecution case is that Banchhanidhi and his son Dusasan (P.W. 1) had been to the jungle to uproot black -gram crop which they had raised. They returned home direct from the jungle where they were working throughout the day about one ghari before sunset. On their arrival at home the widow of Banchhanidhi (P.W.4) informed them the fact of assault at the Jharia Tank in which Dinabandhu died. Dusasan immediately went to the house of Dinabandhu to see him. Shortly after, Banchhanidhi also went to the house of Dinaballdhu. On the Danda Banchhanidhi shouted "Salas had assaulted an old man to death". Immediately after the accused persons with lathis in hands came running towards Banchhanidhi. Banchhanidhi went away towards the land of Bhagaban Rout. He was over -powered and accused Hari Martha gave a lathi blow on his head and accused Sashibhusan gave another lathi blow. Banchhanidhi fell down with severe bleeding injuries on his head. After these two strokes were given, Parsuram (accused No. 18) gave direction from under a tamarind tree asking the other accused persons to do away Banchhanidhi to death. Accused Dambaru Paikray, Trinath Rana, Lochan Martha, Bachha Martha and Kasi Behera gave pokings with lathis on different parts of the body of Banchhanidhi and trampled over his body in accordance with the direction of Parsuram. Soon after, the Daffadar (p.w. 8) and two choukidars arrived at the spot, whereupon the accused persons field away. P.W. 1 and P.W. 4 went to the spot of assault and found Banchhanidhi almost in dying condition. He was carried to a Choura in the Danda of Dinabandhu's house, some water was poured into his mouth, but it did not pass down the throat. After, some first aid was given to Banchhanidhi, he was carried inside the house. The assault took place at about 5 p.m. and Banchhanidhi died in his house at about 8 p.m. In connection with the new incident wherein Dinabandhu died, persons had been deputed to the Banpur P.S. for lodging F.I.R. As they expected the Sub -Inspector would come to the spot, no other person was deputed to lodge F.I.R. as to the death of Banchhanidhi. F.I.R. was lodged at 5 a.m. on 6 -11 -1961 before the Sub -Inspector in the village.

(3.) P .W. 13, the Medical Officer of Banpur Hospital conducted the post -mortem examination and found the following Injuries: