BABU ALIAS UMAKANTA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed, at the instance of the above two accused persons against the order of conviction and sentence dated 29-3-1995 passed by the learned Additional Sessions Judge, Balasore in S.T. No. 11 / 77 of 1994 wherein he convicted them under Sections 302/201/ 324 read with Section 34, IPC and sentenced each of them thereunder to undergo imprisonment for life, R.I. for two years and one year respectively.

(2.) Shorn of unnecessary details the prosecution case is that there was a prolonged civil litigation between Kunimani Nayak arid Khudamani Nayak in one hand and Surendra Nayak on the other in respect of a particular piece of land. Ultimately Khudamani and Kunimani got the decree in their favour. They sold the land in question to the wife and two grand-children of late Baidhar Singh in the year 1992 and gave delivery of possession thereof to them. Being annoyed and frustrated Surendra Nayak and his sons including the accused persons created 'Gandagol' with Baidhar Singh and his family members with a view to dispossess them from the said land. On 17-8-1993 Baidhar Singh and his son Gajendra Singh (P.W. 6) went to Balasore to consult with an advocate about their litigation. During the evening time they left Balasore in a bus upto Soro wherefrom they came to Mangalpur in a trekker. After getting a torch light repaired there, they proceeded to their village Slmilikhol on foot through a pathway in a paddy field. On the way at about 9.30 p.m. accused Babu Nayak alias Umakanta Nayak restrained Baidhar Singh. At this time when P.W. 6 asked him saying "Babu tar kis hal", he threatened him to keep quiet saying "Sala pati karna, Pati kale salaku Kati debi" and pushed him, for which he fell down in water. In the meantime he pressed the neck of Baidhar Singh and made him fall down and brought out a knife. When P.W. 6 tried to snatch away the knife from Babu Nayak the latter asked the co-accused Sarat saying "Salaku Dhar". At this accused Sarat pushed him and in the process the left thumb of P.W. 6 got slightly cut by the knife held by accused Babu. So, out of fear P.W. 6 fled away from the spot when both the accused persons killed his father. On the way P.W. 6 went to the house of Bhaskar Samal (P.W.5) and disclosed him that the accused persons killed his father. He advised him to flee away. Then he went to the house of Mukunda Jena (P.W. 7) and narrated the incident before him who advised him to go to the police station and report the incident. Thereafter, he went to village Mangalpur and requested Mina Babu to make arrangement for him to go to Soro Police Station. Then in the trekker of said Mina Babu he went to Soro Police Station and orally reported the incident to the Officer-in-charge who reduced the same into writing and treated it as FIR.

(3.) On receiving the FIR the Officer-in-charge swang into action. He proceeded to the house of the informant where he found the dead body of the deceased lying on the outer verandah of the house. As the day broke he held inquest over the dead body, sent it to the District Headquarter Hospital, Balasore for autopsy, examined the witnesses, prepared the map of the place where the dead body was found lying, proceeded to the place of assault, prepared the map thereof and seized sample earth therefrom. He also seized the wearing apparels of the accused persons, one torch light, some documents relating to the dispute between the accused persons and the informant party, arrested the accused persons, forwarded them to Court and after completion of investigation, submitted charge-sheet against them. After the case was committed to the Sessions Court, charges were framed against the accused persons under Sections 302/201/324/34, IPC. The plea of the accused persons is complete denial of their complicity in the crime. In order to bring home the charges against the accused persons, prosecution examined as many as 18 witnesses, out of whom P.W. 6 is the only eye-witness to the occurrence. The defendant did not choose to examine any witness. After assessing the evidence on record, learned additional Sessions Judge, Balasore found the accused persons guilty of the offence punishable under Sections 302/201/ 324 read with Section 34, IPC and sentenced them thereunder as mentioned earlier.