GOKULA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Gokula Pradhan (hereinafter referred to as the accused) faced trial along with one Surendra Pradhan under Sections 302/34 I.P.C. and under Section 307/34 I.P.C. Two other persons namely Aintha Dei and Seeta Bewa stood charged under Sections 302/109 and 307/109 I.P.C. The learned Second Additional Sessions Judge, Pun, acquitted the two females, but held both accused Gokula and Surendra guilty under Sections 302/34 and 326/31 I.P.C. He convicted and sentenced each one of them to imprisonment for life under Section 302/34 I.P.C. and further to undergo rigorous imprisonment for seven years under Sections 326/34 I.P.C.

(2.) The prosecution case, in brief, is that Shankar Jena (P.W. 1) (hereinafter also referred to as theinjured) after his marriage with Kuntala Dei (P.W.6) was staying in village Ladukeswarprasad by constructing a house to the South of his father-in-laws house. His younger brother Chakradhara Jena (hereinafter described as deceased) was also staying with him. Accused Surendra and Gokula are brothers, and Aintha Dei and Seeta were their mother and sister respectively. Surendra and Gokula had gone to Kashmir and in their absence, Shankar had developed illicit relationship with Ratani, the unmarried younger sister of his wife Kuntala (P.W. 6). After coming to know of this illicit relationship, Kuntala sent away her sister to her another sisters house. After Surendra and Gokula returned from Kashmir, they were angry with Shankar, and were not in talking terms with him. On 18.6.1985 at about 10 A.M. Shankar was returning from the house of one Bidyadhar Pradhan, and while he was passing by the side of their house, accused Gokula and Surendra caught hold of him from behind and took him near a Sal log lying close-by and made him to lie thereon. Aintha Dei and Seeta Bewa handed over a lathi and a katuri to them. While the accused Surendra pressed Shankar down, accused Gokula gave blows on his left hand, with the Katuri and inflicted cut injuries on his right hand also. The left fore-arm was almost chopped off. When Shankar cried for help, the deceased arrived and intervened. But, he was caught hold of by accused Gokula, and Surendra dealt a lathi blow on his head as a result of which he fell down. Accused Gokula then inflicted cut injuries with the Katuri on both the hands of the deceased. In the meantime, Shankar got up and ran inside the house of Ananda Panda which is nearby. As a result of assaults on him, deceased died at the spot. P.W. 6 after seeing the occurrence, lodged the First Information Report at Sarankul Police Station. Injured was also brought to the Police Station by some villagers. The Officer-in-charge recorded the F.I.R., examined the informant and the other witnesses and sent the injured to Sarankul Hospital for examination. Subsequently injured was taken to Nayagarh hospital for treatment and his left arm was amputed. At 7 P.M. the Investigating Officer left for the place of occurrence and found the dead body lying in the drain in front of the house of accused. Certain seizures were made and after investigation charge sheet was submitted.

(3.) The accused persons denied the allegations and according to them, the deceased appeared at the scene with a Tangia and P.W.1 with a Barahee with intention to assault them, and thereafter there was some disturbance.