JAYALAL SAHU AND Vs. STATE OF ORISSA

JUDGEMENT

(1.) Seventeen persons (each one Of them hereinafter described as the 'accused') have filed these two appeals against the judgment of conviction and sentence passed by learned Sessions Judge, Bolangir in S.C. No. 64 of 1985. Jayalal Sahu is the appellant in Criminal Appeal No. 96 of 1988, whereas sixteen others are appellants in Criminal Appeal No. 107 of 1988. Since the points of attack as raised by the appellants and combat as pressed by learned Counsel for State are common, these two appeals are disposed of by this common judgment.

(2.) All the seventeen accused persons-faced trial being charged with commission of offences punishable under Sections 302 and 436 read with S. 149 of the Indian Penal Code, 1960 (in short, 'IPC') on the accusation of having committed (a) murder of Balakrushna Barik (hereinafter referred to as the 'deceased'), and (b) mischief by fire by causing destruction of residential house of one Banamali Sahu of Village Luhuramunda.

(3.) Shorn of unnecessary details, Prosecution case as unfolded during trial is as follow:- On 19-11-1984 at about 10.30 a. m. in formant Bhagirathi Padhan (P.W.1 ) who was coming along with Rukuna Sahu (P.W.2) form the paddy field saw the deceased sitting on the verandah of one Bhuja Sahu of his Village. Suddenly they found that the accused persons who were armed with Tangi, tablia, gujar and lathis Came in agro up from the opposite direction of the village shouting to kill the deceased. Hearing their shout, the deceased out of fear started running, entered inside the house of Banamali Sahu and remained inside a room closing the door from inside. The accused persons made forcible entry into the house of Banamali Sahu and gave pushes to the door of the room where the deceased had concealed himself, as a result of which the door broke open. The accused persons brought some straws from a nearby thrashing floor, put the same inside the roomand set fire, as a consequence of which the house was burnt. The deceased came out in a half burnt state. He was first assaulted by accused Banamali by an axe on his neck. Thereafter accused Rajendra alias Rajin inflicted tabli blows on his head and right shoulder. Accused Wila Sahu gave 3 to 4 blows on-his knee and accused Kandha inflicted 3 to 4 tabli bows on his right foot. He was also assaulted by Dhara Guru and other accused person. After such assaults all the accused left the spot and went towards Harijanpada. The deceased succumbed to injuries sustained due to such assaults. Immediately after the incident, both P.Ws. 1 and 2 rushed to Selebhata Police Out Post, where the former orally reported the incident to the then A.S.I. (P.W. 6) who reduced the same to writing and having made a Station Diary Entry sent the same to Luisingha Police Station for registration of a case. He there after proceeded with the investigation and having record the statement of P.Ws.1 and 2, left for village Luhuramunda on the same day at 11.25 a.m., went round the village in search of accused persons, held inquest over the dead body in presence of the witnesses and sent the same to Headquarters Hospital, Bolangir for post-mortem examination. He seized blood-stained earth along with unstained earth, one half burnt cot, some half burnt straws, paddy, gunny bag etc. in presence of the witnesses at the spot. Charge of investigation was handed over to the Office-in-Charge of Luisingha P.S.(P.W.7) who on receiving written report registered a case and proceeded to village Luhuramunda for investigation. After taking charge of the case from P.W.6, he seized a blood-stained tangi and tablia from, the houses of accused Banamali Batik, Rajin Padhan, Pachila Rout and Nila Sahu. He also seized blood-stained Lungi (MOV) from accused Rajin Padhan in presennce of the witnesses, arrested some of the accused persons and forwarded them to the Court, sent the seized blood-stained tablia and Lungi (MOs I to IV) to the Medical Officer who conducted autopsy to examine and opine if the injuries found on the person of the deceased could have been caused by the tablia, He thereafter sent tablia and tangi, blood-stained cloth, blood-stained earth and unstained earth to the Director, Forensic Science Laboratory, Rasulgarh through the Chief Judicial Magistrate, Bolangir for sereological tests. On completion of investigation, charge-sheet was submitted. Plea of accused persons was one of complete denial. A specific plea of alibi was taken by accused Jayalal Sahu. According to him, at the relevant point of time, he was present in Mahulpali L. P. School where he serves as a teacher.