DURYODHAN NATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants assail the judgment of the learned Sessions Judge, Dhenkanal, convicting appellants Lambodar Natha alias Lembu and Ghanashyam Nath for the offence punishable under section 302, I.P.C. and (for short the I.P.C.) and appellant Duryodhan for the offence punishable under section 307 I.P.C. and respectively sentencing them to undergo imprisonment for life and to undergo R.I. for two years.

(2.) The prosecution case is, the villagers of Paranga and Bhubanpur used to watch their respective adjoining forest area against poaching. It seems there existed mistrust and smouldering bitterness between the two villages for one suspecting the other for removal of timber etc. from their respective forest areas. The prosecution case proceeds, the about 6 to 7 days prior to the date of occurrence the villagers of Paranga detained a man of Bhubanpur for felling trees, but however, the matter was compromised and the fellow was released. On 6.6.1985 i.e. the date of occurrence, it was alleged that one Kathi Karna and Kandia Mahalik of village Paranga while watching their forest area, were apprehended .by the villagers of Bhubanpur and taken to that village where they were detained. Accused Mangulu (since acquitted) and another sent intimation to P.W. 2 to come to village Bhubanpur for settlement. Thereafter, a meeting took place in the danda of village Bhubanpur where P.Ws. 1 to 4, deceased Biswanath and Antaryami and some other members of village Paranga and people of Bhubanpur carried on a deliberation about the allegation of theft of timber by the two detenu. Both Kathi Karna and Kandia Mahalik were also brought to the meeting place. Since the allegation against the two could, not be substantiated, both of them were let off. This decision was, however, not acceptable to the young people including the appellants. After the meeting when P.Ws. and the deceased and others were coming back, the appellants and some of the accused persons gave out that the villagers of Paranga should be killed. At this appellant Lambodar gave an axe blow on the backside head of Antaryami while the latter was trying to open the cycle lock and he fell down. Thereafter appellant Ghana gave a Tabla blow on the back side neck of Biswanath as a result of which he fell down and died at the spot. P.W. 3, was assaulted by appellant Duryodhan by an axe which caused a bleeding injury on his right scapula. Thereafter the P.Ws. came away leaving the injured Antarymi and the dead body of Biswanath lying at the spot.

(3.) On receiving information, the police reached the spot at 6.00 P.M. whereafter P.W. 1 lodged the First Information Report. After investigation, charge sheet was submitted against the accused persons.