ARJUN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANTS Dukhia Pradhan and Durga Pradhan are the sons of appellant Arjun Pradhan. Deceased Ekadasi Pradhan was also the son of Arjun. The three appellants have been convicted Under Section 302/34, Penal Code and have been sentenced to undergo Rigorous Imprisonment for life.

(2.) THE prosecution case is as follows: There was a difference of opinion between the deceased and the others - Mother Smt. Dulana Dei, father Arjun Pradhan and brothers Dukhia Pradhan and Durga Pradhan - over the division of paternal property. On 21 -3 -1976 at about 9 or From order passed by M. J. Rao S. J., Dhenkanal, D/ - 22 -2 -1978.10 A. M. deceased Ekadasi Pradhan and his wife Duti Dei (P.W. 5) returned from their paddy field and the deceased asked his mother (D. W. 2) to give him the key of the store -room where paddy had been kept, but D. W. 2 did not pay any heed to that. So the deceased forcibly broke open the lock of the store -room and tried to enter inside it. At that time, he was assaulted by the three appellants with sticks and by the backside of an axe. It is further alleged that appellant Dukhia Pradhan tied a rope (M. O. Ill) round the neck of the deceased and forcibly dragged him to another room where poison was administered. When P.W. 5 wanted to intervene, she was threatened with dire consequence. So she ran away to her parents' house Thereafter, at about 2 P. M., P.W. 5 Duti Dei orally reported the matter to the Officer -in -Charge of Jarpada P.S. namely, S. I. Sri P. K. Naik who came to the spot hearing about the incident. The police took up investigation and after completion of investigation, submitted charge -sheet against the accused persons Under Section 302/34, Penal Code.

(3.) THE plea taken by accused Arjun Pradhan is a complete denial of the prosecution case. According to him, the deceased gave a lathi blow on his neck when he asked him as to why he was demanding share of paddy and pulses although it had been settled by them that they, would live jointly, On receiving the lathi blow he fell down and the deceased gave him two Tangia blows. Thereafter his son Durga protested and so the deceased gave two lathi blows to Durga and two blows to Dukhia and he did not know what happened thereafter. The plea taken by accused Dukhia and Durga is a complete denial of the prosecution version. The learned Sessions Judge considering the entire evidence on record, especially that of the eye -witness. P.W. 5 Duti Dei, the extra -judicial confession made by accused Arjun before P.W. 4 came to hold that all the accused persons are guilty Under Section 302/34, Penal Code.