MADHAB DIGAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Three Appellants, namely, Madhab Digal, Bipin Digal and Kishore@Narendra Digal have been convicted for commission of offences under Ss. 302, 307, 326 read with Sec. 34, I.P.C. and are sentenced to life imprisonment along with other sentences for offences of attempt to murder and grievous hurt.

(2.) Two persons namely, Sukru Digal and Sunarjya Digal died in the occurrence. Sukru died at the spot instantaneously and Sunarjya died in the hospital around nine months after the occurrence.

(3.) Prosecution case sans unnecessary details discloses that on 10/9/2015 when the deceased Sukru had been to attend the call of nature was chased by all the Appellants, who are the three brothers, by means of Tangia carried by each. Sukru ran out of fear and on the way in the oil mill of the other deceased Sunarjya, who happened to be the paternal uncle of Sukru, protested the Appellants to save Sukru. The Appellants also assaulted Sunarjya and he sustained two injuries on his back scapular area. He fell on the ground. Sukru could not be able to escape and fell victim to the hands of the Appellants. The Appellants dealt number of blows on his person resulting his instantaneous death at the spot. The occurrence took place during the evening hour on the village road and the villagers remained silent watchers. After the Appellants left the spot, Sunarjya was taken to his house while the dead-body of Sukru was kept on the village Mandap. But the thirst of Appellants was not quenched by then. They returned after 10 to 15 minutes to the Mandap where the dead-body of Sukru was kept. They danced, confirmed the death and applied blood of Sukru on their forehead and other parts and this time also the villagers watched everything being mute spectators of the scene.