GAINTHABUDA ALIAS SATYANARAYAN GAINTA Vs. STATE

JUDGEMENT

(1.) The appellant along with six others faced trial for alleged commission of offences under Sections 148/302 read with Section 149 and Section 323 read with Section 149 of the Indian Penal Code and alternatively and separately for commission of offence under Section 302 of the Indian Penal Code having committed the murders of one Padmalochan Putel and another Trinath Putel on 2-12-1993 at the thrashing floor of deceased Padmalochan Putel and at village Dumerchuan on the road by the side of a nursery, respectively.

(2.) On the basis of an FIR lodged on 2-12-1993 at Kantabanji Police Station in the district of Balangir, G. R. Case No. 179/93 and 180/93 were registered. Both the said cases on commitment to the Court of Session were registered as Sessions Case Nos. 5012 of 1994 and 51/13 of 1994. As both the cases related to the same occurrence, the same were tried together arid disposed of by the learned Addl. Sessions Judge, Titilagarh by a common judgment.

(3.) Bereft of unnecessary details, the short facts of the case were that on 2-12-1993 in the morning deceased Padmalochan Putel with his son Chandradhwaja Putel (P.W. 1), Biswanath Hans (P.W. 2) and Gajindra Sipka (P.W. 4) went to cut paddy crop from his land. After cutting paddy, all the four returned to the thrashing floor of deceased Padmalochan Putel and sat there. Deceased Padmalochan sat near a straw shed in the thrashing floor and the other three sat nearby that and they were gossipping. The wife of deceased Padmalochan then arrived at the thrashing floor with food for her husband and she also sat there. At this time, the accused persons, namely, Ganapati Gainta (since acquitted), Puina Gainta (since acquitted), Thurli alias Jogi Gainta (since acquitted), Jogeswar Gainta (since acquitted), Bhagaban Gainta (since acquitted), Braja Gainta (since acquitted) and Gainthabuda alias Satyanarayan Gainta, the present appellant, came in a body and out of them it was alleged that the appellant Gainthabuda alias Satyanarayan was armed with a Tabal, the acquitted accused Jogeswar was armed with an axe and others were armed with lathis, The accused persons entering into the thrashing floor, broke down the straw shed and the appellant by means of the Tabal dealt two to three blows on the neck of deceased Padmalochan and the latter fell down on the ground and succumbed. After deceased Padmalochan fell down on the ground the other accused persons went on assaulting him by their respective arms and as Chandradhwaja Putel (P.W.' 1), son of deceased Padmalochan, protested, accused Bhagaban Galnta (since acquitted) who was armed with a lathi dealt a lathi blow on his right leg and accused Puina Galnta (since acquitted) dealt a lathi blow on the right leg of Blswanath Hans (P.W. 2). Both P.Ws. 1 and 2 got injuries on their legs and out of fear they ran away to the nearby thrashing floor of Sajani Hans P..W. 5). Thereafter, the accused persons chased Gajindra Sipka (P.W. 4) towards village Samarsingha. On receiving information about the murder of Padmalochan Putel, his elder brother's wife Rukmini Putel (P.W. 6) arrived at the thrashing floor and sent Biswanath Hans (P.W. 2) to Durherchuan in search of her husband Trinath Putel. Blswanath Hans (P.W. 2) came back from Dumerchuan after about ten minutes and Intimated that he found the dead body of Trinath Putel lying near Durnerchuan Nursory side. Dhanurjay Sipka (P.W. 11), brother of Gajindra Sipka (P.W. 4) went in search of Gajendra Slpka. On the way they met the Gramrakshi and along with him proceeded to Turekela Police Station and informed the incident of murder of two persons to the O.I.C. The O.I.C. made a Station Diary Entry, proceeded to the spot, took up investigation treating the oral statement of Chandradhwaja Putel (P.W. 2) as FIR and arrested the accused persons. During the course of investigation, he learnt that the spot where the dead body of Trinath Putel was lying was under the jurisdiction of Kantabanji Police Station and therefore the I.I.C. of Kantabanji Police Station who was assisted by the O.I.C. of Turekela Police Station drew up an FIR on his own Information, registered Kantabanji P. S. Case No. 92 of 1993, took up Investigation, examined the witnesses and submitted charge-sheet. As the accused persons were common in both the cases which took place within one kilometre and within half an hour's duration, both the cases were clubbed together and tried.