SUDARSAN BARLA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Sudarsan Barla along with his younger brother Nirmal Barla faced trial in the Court of learned Sessions Judge, Sundargarh in Sessions Trial No.247 of 2000 for commission of offence under Sec. 302/34 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on 18/10/1999 at about 6.00 a.m. in the courtyard of the appellant in village Rengalbahal, they committed murder by intentionally causing death of their co-villager Susil Ekka (hereinafter 'the deceased) in furtherance of their common intention.

(2.) The prosecution case, as per the first information report (hereinafter 'F.I.R.'), lodged by Sarjus Ekka (P.W.1) before the Inspector in-charge of Rajgangpur police station on 18/10/1999 is that during the month of March in the year 1999, the appellant created disturbance with the family of the informant (P.W.1) for which a case was instituted in Rajgangpur police station. On 17/10/1999, Nuakhai festival was being observed in the village of the informant and at about 10 O' Clock in the night, song and dance was going on in a field situated near the church and there the appellant Sudarsan Barla and his brother Nirmal Barla created disturbance with the informant (P.W.1) and his friend Sushil Barla (P.W.8) and they torn the banyan (ganji) of P.W.1 as well as P.W.8. The other persons present in that festival sent back the appellant as well as his brother Nirmal Barla to their house. After the song and dance was over, the informant (P.W.1) returned back home and intimated his brother (deceased) and his family members about the same. On the next day i.e. on 18/10/1999 at about 6 a.m., the deceased and Sushil Barla (P.W.8) came to the house of the appellant and confronted them about the last night's disturbance. All of a sudden, the appellant brought one iron strip (luha patia) and assaulted the deceased on his head as a result of which the deceased sustained bleeding injury on the head and fell down on the ground. The co-accused Nirmal Barla (acquitted) also assaulted the deceased by means of a lathi as a result of which the deceased died at the spot. After seeing the occurrence, P.W.8 became panic and rushed to the house of the informant (P.W.1) and told him about the commission of murder of the deceased by the appellant and co-accused Nirmal Barla. Hearing such incident, the informant and his family members came near the spot and found the deceased was lying dead with bleeding injury in the front courtyard of the appellant. The informant after asking his family members to guard the dead body of the deceased went to meet the ward member Bisil Kindo (P.W.6) and informed him about the occurrence. It is stated that P.W.8, who was present with the deceased had seen the occurrence.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court framed the charges against the appellant and the co-accused on 29/6/2001 and since the appellant and the co-accused refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.