DHANAR Vs. STATE

JUDGEMENT

(1.) APPELLANT Dhanurjaya Gouda along with seven others, who are all related to each other were tried in the court of Sessions Judge, Koraput, Jeypore. The appellant was charged under Section 302, I.P.C., for having committed murder of Baidehi Samant and under Section 307, I.P.C., for having attempted to cause death of Balaram Samant (PW 1), the husband of deceased Baidehi Samant. The other accused persons were charged under Sections 302/149 and 307/149, I.P.C. The Sessions Judge convicted the appellant under Section 302, I.P.C., and sentenced him to undergo imprisonment for life. The appellant was also convicted under 307, I.P.C., and sentenced to undergo R.I. for five years. Both the sentences were ordered to run concurrently. The other accused persons were acquitted.

(2.) THE prosecution case is as follows: - There was dispute between PW 1 and the accused persons over a plot of land bearing plot No.930 appertaining to khata No.43 of village Mahendri and locally known as 'Jamkonadi'. It is alleged that on 24 -1 -1978 at about 6.00 a.m. PW 1 had been to the village tank to answer the call of nature. He found accused Motisingh and Ganga Goud (since acquitted) ploughing the disputed land. The other accused persons were standing on the land. Sunadhar and Ganga (since acquitted) were armed with sticks and the appellant was armed with a gun. PW 1 went to the disputed land and asked the accused persons as to why they were ploughing the land. He was assaulted by Ganga Gouda and Sunadhar. The other accused persons except the appellant also assaulted him by hand. At that time the deceased who was nearby, came and intervened. She was taking away PW 1 from the spot by catching his hand. At this point of time appellant Dhanurjaya Goud fired from the gun which hit the back of PW 1 and chest and other parts of the body of the deceased. PWs 8 and 9, who were present nearby, immediately went to the police station where F.I.R. was lodged by PW 9. The police registered a case and took up investigation. PW 17, the Sub -Inspector of Police, proceeded to the spot and found the injured persons lying on the spot with bleeding injuries. They were sent to Dabugam Primary Health Center where PW 1 examined them and advised to take them to Nawarangapur Hospital. They were again removed to Koraput Headquarters Hospital where the Surgical Specialist (PW 10) examined them. He was also not in a position to adequately treat the injured persons. So they were sent to Medical College Hospital, Berhampur, and were treated by PW 20. Though PW 1 recovered, the deceased succumbed to the injuries. In the meantime the accused appellant appeared before Nawarangpur police station along with the gun (M.O.I.) and was arrested. M.O.I. was also seized from him. On completion of investigation police submitted charge -sheet against the accused persons.

(3.) PW 20, during the surgical operation, found two pellets from the body of the deceased - one in the abdominal cavity and the other in the peritonium. He also found one pellet from the chest of PW 1. During post -mortem by PW 21, another pellet was recovered from the body of the deceased. The learned Sessions Judge after considering the evidence on record convicted and sentenced the appellant as stated earlier and ac quitted the remaining accused persons.