HARI KARAN Vs. THE STATE

JUDGEMENT

(1.) THIS Criminal Appeal, -from an order of conviction and sentence passed by the learned Sessions Judge, Puri, convicting the Appellant No. 1 Hari Karan under Section 302 and 324 Indian Penal Code and sentencing him to rigorous imprisonment for life and the Appellant No. 2 Baishnab Barik. under Section 323 Indian Penal Code and sentencing him to rigorous imprisonment for four months, in the circumstances hereinafter stated -arises opt of a village incident originating from children's quarrel, over angling for fish in a tank, which spread to the women folk and then to the men folk ultimately leading to assaults which resulted in the death of the deceased one Dama Badanta and injuries on P.W. 2 Banambar Das.

(2.) THE facts shortly stated are these: On November 29, 1960 sometime towards evening, P.W. 5's daughter Mani was angling for fish in the local tank at village Budhal. Phula, daughter of one Kapila Sahu (one of the persons charged but acquitted by the learned Sessions Judge) snatched away the angling rod from Mani who thereupon reported the same to her mother P.W. 5 Hara Dei. Then Hara Dei expressed her protest to Phula's mother Tara Dei who, with her daughter, was at that time passing by the Danda. There then followed abuses. By that time Hara Dei's brother P.W. 3 Dhadi Ojha and her mother P.W. 4 Paluni Bewa had returned from the field after day's work. All this was happening in front of (Danda) the home of P.W. 3 Dhadi Ojha which was facing the house of the accused Appellant Hari Karan -lane intervening between the two houses -as appears from the spot map. Accused Kulamani had a shop in front of P.W. 3 Dhadi Ojha's house where this quarrel was going on. In the shop there were some village men -folk including the accused Appellants Hari Karan and Baishnab Barik. During the incident Hari Karan appears to have taken the leading part. In fact, at his instance P.W. 4 Palui Bewa was dragged out of the house and given first blow; P.W. 3 Dhadi Ojha and his sister P.W. 5 Hara Dei were also given first blows and slaps. In the meantime P.Ws.1 and 2 had also come to the scene of occurrence and taken the side of P.Ws. 3, 4 and 5. It appears that the intervention of P.Ws.1 and 2 was of no avail and in fact P.W.2 Banambar Das was assaulted by the accused Appellant Hari Karan with a knife and by accused Appellant Baishnab Barik with an Isa M.O.I. causing bleeding injury on the head.

(3.) LATER on, as the evidence shows, Dama Bedanta was carried by four of the accused -party to the north and taken out from the lane and placed on the side of the village road to the neighbouring village Sanabhaichuan as shown in the spot map. The spot where the body was subsequently removed appears to be close to the Bari side of the accused Appellant Hari Karan's house. Dama Bedanta was later carried to Bhingarpur Dispensary but by the time he was brought to the Hospital, Dama Bedanta had expired. At about 9 p.m. the same night the First Information Report was lodged by P.W. 1. Natabar Das. The police took up the investigation and thereafter seven persons including the accused Appellants Hari Karan and Baishna Brik herein were charged and sent up for trial under various charges under Sections 302, 324, 149/302, 147 and 323 Indian Penal Code. The learned Sessions Judge had acquitted five accused persons and convicted rang. Sentenced the accused Appellants as aforesaid.