GANGA PAIIEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants in the aforesaid four appeals having been convicted for commission of offence under Section 302/34 of the Penal Code and sentenced to R.I. for life by the learned 1st Additional Sessions Judge, Pun in S.T. Case No. 37/273 of 1993 have preferred the above four appeals.

(2.) The case of the prosecution is that 7 to 8 months prior to the occurrence the deceased Dibakar Sahu aged about 22 years (son of the informant) had a quarrel with appellant Rabi Bhol and the appellant Rabi Bhol had thrown the deceased in a ditch and also threw the cycle on him as a result of which he had sustained some injuries. The said incident was reported to the Secretary of the village, but nothing was done. There-after the deceased left the friendship with the aforesaid four appellants and in spite of repeated request made by the appellants since the deceased refused to continue the friendship, he was being abused and threatened at times by the appellants on the date of the occurrence at about 7.30 P.M. the deceased had gone to purchase betel to the shop of one Pana Dei near the temple of Goddess Mangala in the village. All the four appellants were present near the shop. When the decea-sed was purchasing betel, appellant Kusa Swain went to the shop and dashed against the deceased. When the deceased protested, the appellant Kusa abused him and gave him a slap. Thereafter, the deceased abused appellant Kusa Swain. Immediately after this, all the appellants abused the deceased and assaulted him by giving kick and fist blows as well as by means of a casurina stick where after the deceased was thrown into a well by the appellants. Though several persons of the village were present, no body came forward to help out of fear of the appellants as the appellants were shouting saying that whoever come to the rescue of the deceased shall also to be killed and thrown into the well. The informant, who is father of the deceased finding no other way jumped into the well and while he was trying to take out the deceased, it is alleged that the appellant Pramod and thereafter appellant Kusa jumped into the well and did not allow the informant to lift the deceased from water. When the aforesaid two appellants came out of the well, one Sridhar Sahu entered into the well with a rope and by use of a bamboo ladder the deceased was brought out of the well. There was bleeding from the head, face and ears and injuries were also found on the back and front portion of the head and the deceased had lost his sense. Thereafter, the deceased was carried to Pun Hospital where he was declared dead. On these allegations, P.W.1, the father of the deceased, lodged the F.I.R. in Pun Town Police Station on the date of the occurrence at about 9.15 P.M. A case was registered for commission of offence under Section 302/34 of the Penal Code and ultimately charge-sheet was also submitted for commission of the aforesaid offence. The learned 1st AddI. Sessions Judge also framed charge for commission of offence under Section 302/34 of the Penal Code and the appellants faced trial for commission of the aforesaid offence.

(3.) The plea of the appellants before the trial court was complete denial of the occurrence and they stated in their statements recorded under Section 313, Cr. P.C. that they have been falsely implicated in the case. The prosecution examined 11 (eleven) wit-nesses to prove the charge, but the defence did not examine any witness. The learned 1st AddI. Sessions Judge relying on the evidence of the several eyewitnesses examined on behalf of the prosecution found the appellants guilty of the charge and convicted them thereunder.