BHAGYADHAR PAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Bhagyadhar Pal along with his father Jayakrishna Pal alias Jatia (since deceased) and two sibling brothers, namely, Jaladhar Pal and Dusasan Pal alias Tutu (both since acquitted by learned trial judge ) were prosecuted for committing murder of Bharat Pal, on 11.08.1996 at about 6/6.30 A.M. in village Badasuanalo, P.S. Kamakshayanagar, district Dhenkanal and was convicted for the said offence by the learned Sessions Judge, Dhenkanal-Angul vide impugned judgment and order dated 24.06.2000 and was imposed sentence of life imprisonment, which judgment and order has now been called in question by the appellant in the instant appeal.

(2.) Note here is a fact that the father Jayakrishna Pal alias Jatia had expired pendente lite the trial and, therefore, his trial was abated while two other co-accused, sibling brothers of the present appellant namely Jaladhar Pal and Dusasan Pal alias Tutu, have been acquitted by the same impugned judgment and order by the learned trial judge, which acquittal by now has attained finality as no appeal or revision has been preferred either by the State or by the informant as against the said order of acquittal.

(3.) The background facts as it emerges from perusal of the evidences on record and the police papers are that one Dinabandhu Pal resident of village Badasuanalo, P.S. Kamakshayanagar, district Dhenkanal had three sons, namely, Adikanda Pal, Hata Kishore Pal and Jayakrishna Pal alias Jatia. Hatakishore Pal had married Sita Pal PW.3. Antaryami Pal/informant (PW.1) and Bharat Pal (deceased) are the sons of Hatakishore Pal and Sita Pal, while Renu Pal-PW.4 is their daughter. The present appellant Bhagyadhar Pal and his sibling brothers Jaladhar Pal and Dusasan Pal are sons of late Jayakrishna Pal alias Jatia. Thus, both the parties are uncle, nephew and cousin brothers in relationship.