M APPARAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants along with three others stood charged under section 302 read with section 34, Indian Penal Code with haling caused the death of one Purusottam Behera of village Tokia. Berhampur under Chhatrapur Police Station in the district of Ganjam. After trial, the learned Additional Sessions Judge convicted the two appellants under section 302 read with section 34, Indian Penal Code, and sentenced each of them to rigorous imprisonment for life. The other three accused persons were acquitted of the charge. No appeal against the order of acquittal having been preferred it stands final and conclusive.

(2.) The occurrence is alleged to have taken place on. 8-1-1978 about 7 p.m, at village Hatipada under Gopalpur Police Station. It was alleged that the deceased was living with his family in that village sometime before the occurrence. On the date of occurrence while he was preparing Ganja for smoking, accused Sirulu (since acquitted) went to his house and told him that he was required by four persons waiting outside. As the deceased did not agree to go, Sirulu dragged him out of the house and all the five accused persons began assaulting him. P.Ws. 1 and 2, the wife and daughter respectively of the deceased, rescued him from the clutches of the accused persons and brought him to his house. But the appellants entered into the house, dragged the deceased out side and committed assault on him. The deceased sustained multiple injuries on his body and died in the next morning.

(3.) On hearing a rumour about the occurrence of murder, the Grama Rakhi lodged information at the Police Station upon which a station diary entry was made. The Police Officer visited the village Hatipada and recorded the first information report of P.W. 1. In due course all the accused persons were charge sheeted by the Police.