KANHAISINGH NAYAK Vs. STATE

JUDGEMENT

(1.) In this appeal from the Sub-Jail, Jaypore, Koraput, eight persons, each one of them hereinafter described as the 'accused', question the legality of their conviction made and sentence awarded by learned Addl. Sessions Judge, Koraput, Jaypore. The accused persons faced their trial being charged for offence punishable under S. 302/34 of the Indian Penal Code, 1860 (in short, the 'IPC') on the allegation of intentionally causing death of Padmasai Suna (hereinafter described as the 'deceased') by assaulting him by various weapons in furtherance of their common intention. The accused persons were found guilty under S. 302/34, IPC, convicted thereunder and sentenced to undergo imprisonment for life.

(2.) Shorn of unnecessary details, prosecution case is as follows : On 15-6-1987 in the morning at village Tihiliguda under Papadahandi police station, the deceased and his brother Dhansai Suna, the informant (P.W. 3) were sowing paddy seedlings in front of their house. After sometime, accused Nandu alias Salimdhar Nayak came there, requesting the deceased to accompany him to his house to take back the cash and rice. The deceased called his wife Kanak Dei Suna (P.W. 1) to accompany him, and both of them accompanied accused Nandu to his village Kaliaguda. At about noon, P.W. 1 came running and told P.W. 3 and others that the accused persons have killed the deceased. She stated that Kanhaisingh Nayak assaulted the deceased with an axe, and other accused persons did so with lathies. The deadbody was lying in the courtyard of Kanhaisingh Nayak. At this Dhansai Suna went towards the house of Kanhaisingh Nayak, kept himself concealed behind a mango tree and saw his brother lying dead with bleeding injuries. He also saw that Kanhaisingh and Kusa Nayak were armed with an axe each and others were armed with lathies, and they had surrounded his deceased brother. Out of fear, Dhansai Suna came back and informed his other brother Ramsai Suna (P.W. 2) and came to Mydalpur Out Post and orally reported the incident. The same was reduced to writing by the A.S.I. of Police who read over and explained the same, Dhansai Suna admitted it to be correct and put his signature. Since a cognizable case under S. 302/34, IPC was made out, necessary entries were made and investigation was taken up. Certain material objects were seized and after completion of investigation, charge sheet was submitted.

(3.) Accused persons denied the occurrence. According to accused Kanhaisingh, deceased and his brother Dhansai Suna had entered into his house with a spear and lathi respectively to commit theft. When their presence was noticed by his wife, she shouted hearing which accused Kusa came there. Padmasai stabbed him by a knife and when accused Kanhaisingh arrived, he saw Padmasai Suna running away by whirling the axe. According to accused Nandu alias Salimdhar Nayak, he was not present at the spot and the other accused persons also took plea of alibi.