GUNDICHA BHOI Vs. STATE

JUDGEMENT

(1.) THE eight appellants herein were convicted under Sec tion 302/149, Indian Penal Code on a charge of murder of two persons mentioned in the charge, as members of an unlawful assembly and sentenced to rigorous imprisonment for life. The five appellants Gundicha Bhoi, Bahuda Bhoi, Benu Bhoi, Bula Bhai and Narasingha Bhoi were convicted under Section 323, Indian Penal Code for causing simple injury and sentenced to rigorous imprisonment for two months. Appellant Bahuda Bhoi was further convicted under Section 325, Indian Penal Code for causing grievous injury and sentenced to rigorous imprisonment for one year. All the sentences are to run concurrently.

(2.) THE case arises out of a certain land dispute resulting in an incident on August 25, 1960 at 4 p.m. at village Uchhupur, Dt. Puri, nine miles from the police station at Nimabara. Several persons were injured on both sides and two persons Bana Bhoi and Naran Bhoi (father and son) of the prosecution party were killed. Narain Bhoi, the son died at mid -night the same day and Bana Bhoi, the father, died on the following morning - both at Balanga dispensary where they were brought immediately after the incident. On August 26, 1960 at 1 P.M. one of the eye -witnesses P.W. 1 Charan Bhoi, son of deceased Bana, Bhoi, lodged First Information Report at the police station and he named all the eight appellants. Thereupon the police investigation started and on August 27, 1960 all the appellants except one were arrested. Subsequently, the remaining appellant was also arrested by the Police. It appears that the defence party had also filed a First Information Report Ext. A, on August 27, 1960 at 4 P.M. and in the said F.I.R. in the counter case filed by appellant Gundicha Bhoi, as many as 25 persons were named including 10 P.Ws. in the present case charging all of them with rioting, assault and house trespass as recorded therein. It is not necessary to decide herein the somewhat controversial point of admissibility of the recitals in the F.I.R. in the counter case.

(3.) THE genesis of the incident which led to assaults on both sides resulting in the death of two persons on the prosecution side is a land dispute over a cocoanut Bari which one Sashimoni Devi as lessee from intermediary claims to be in possession as the malik thereof whereas appellant Aparti Bhoi (father of appellant Narasingha Bhoi) claims to be in possession of the entire cocoanut Bari as a tenant with occupancy right for thirty years. The prosecution case is that on the date of occurrence P.W. 7 Mangulia Bhoi, - at the instance of his relation (Samudhi) deceased Bana Bhoi, a Mulia of Sashirnoni Devi, - went to plough a piece of land inside the cocoanut bari for growing seedlings some time in the afternoon on the date of incident. Thereupon, appellant Aparti Bhoi who claims to have been in possession of the land in dispute protested. P.W. 7 Mangolia Bhoi accordingly unyoked the plough and was going towards north to his relation deceased Bana's house. On the way, however, Mangolia was confronted by appellant Narasingha at the door and Narasingha gave Mangulia three or four blows with a Tada. Thereupon, P.W. 7 Mangulia further proceeded towards the north for going to his relation's house. On the way he was obstructed by appellant Bahuda Bhoi on the village Danda who also gave Mangulia some blows with a lathi causing fracture of his hand. There after Mangulia somehow managed to run near the house of his Samudhi Bana Bhoi and fell down on the village road unconscious. P.W. 1 Charan Bhoi seeing the incident raised an alarm. Thereupon his father Bana Bhoi and brother Naran Bhoi came to the Danda and found appellant Bahuda Bhoi stand ing with a lathi in his hand. Bana Bhoi and Naran Bhoi then asked appellant Bahuda Bhoi why he had assaulted Mangulia. Appellant Bahuda Bhoi then called out his asso ciates to come and thereupon all the other appellants ap peared on the scene with lathis in their hands and surround ed Bana Bhoi and Naran Bhoi and mercilessly belaboured them with lathi blows. Bana Bhoi and Naran Bhoi then fell down on the ground and it is said that the appellants gave further lathi blows on the said two victims. The prosecution case further is that the defence party assaulted many other persons and that thereafter in retali ation P.W. 1 Charan Bhoi, P.W. 4 Isuf Khan and P.W. 6 Wahed Khan dealt lathi blows to some members of the defence party. Thereafter Bana Bhoi and Naran Bhoi both in precarious condition lying on the Village Danda were carried in a bullock cart to Balanga dispensary where they died as aforesaid. It was immediately after their death that P.W. 1 Charan Bhoi proceeded to Nimapara Police Station, nine miles away from Balanga and reported the incident in his First Information Report as aforesaid. In the usual course, after investigation the appellants were arrested, committed and sent up for trial.