RUPADHAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Twenty-five persons faced trial, out of whom twenty were acquitted and the present appellants, each of whom is hereinafter described as the accused, were convicted by the learned Sessions Judge, Balangir for direct and/or constructive role played role the murder of one Smt. Nira Sahu (here in after referred to as the deceased). Accused Bahadul, and Isu have been convicted for the offence punishable under section 302 of the Indian Penal Code, 1860 (in short I.P.C.) while the other three accused, namely, Han, Daya and Rupadhar stand convicted for the offence punishable under section 302 read with section 149, I.P.C.

(2.) Ghasiram Sahu, the, husband of the deceased was in litigating terms with accused Bahadul for nearly decade. The dispute was settled on account of intervention of well wishers It surfaced again when Bahadul picked up quarrel with Ghasiram in relation to land of one Sukabasi Debasnyana Sahu. Said Sukabasi had reclaimed some forestland and was in possession thereof after reclamation. Bahadul got the land, situated near the land of Ghasiram, recorded in his name in the year 1981. When there was some dispute in respect of that land, accused Bahadul approached Ghasiram to give evidence in his favour. But letter declined his request stating that he was a believer of truth. A proceeding was initiated by Bahadul under section 144 of the Code of Criminal Procedure, 1973 (in short, the Code), and Ghasiram was impleaded in the proceeding, and since then their hostility towards each other increased. Severa cases were initiated by Ghasiram and Bahadul against each other. On 21.11.1988 in the afternoon, six of the accused persons who have been acquitted came with sickles to the land of Ghasiram and started cutting unripe paddy. At that time Ghasiram and his wife (the deccased) were tending their bullocks and goats on their land. On seeing the persons cutting unripe paddy, the deceased protested and told them not to cut the paddy, and also did not a blow them to cut paddy. At that time accused Han and Isu armed with a spear each and Bahadul with an axe arrived along with accused Rupadhar and Daya each of whom was carrying a athi. Accused Han directed those persons who were cutting paddy to continue the operation, to which the deceased protested. Isu dealt a spear blow on the abdomen of the deceased as a result of which she fell down, and thereafter accused Bahadul dealt an axe blow on her neck as a result of which she died at the spot. Ghasiram shouted and cried for help. Some of the acquitted accused persons armed with lathis chased Ghasiram, who fled away. In the evening Ghasiram appeared at Agalpur outpost and orally reported the incident before the A.S.I. of Police, upon which investigation was undertaken and on completion thereof charge sheet was submitted against the accused persons to face trial under different provisions of the I.P.C.

(3.) The accused persons denied the allegations. In his statement recorded under section 313, of the Code accused Bahadul claimed that the Jamduli land belonged to him, and he was in possession thereof.