LAWS(ORI)-1964-3-11

STATE OF ORISSA Vs. CHAKRADHAR BEHERA

Decided On March 11, 1964
STATE OF ORISSA Appellant
V/S
CHAKRADHAR BEHERA Respondents

JUDGEMENT

(1.) ALL the 57 accused persons are the respondents. They were prosecuted under sections 447, 342, 148, 302/149, 395/149, 323/149 and 307/i49, I. P. C. and have been acquitted. All the accused were not charged under all the sections.

(2.) THE learned Sessions Judge has well summarised the case for the prosecution and the de fence. The facts may be stated in brief. The dispute centres round about nine acres of land situate in village Narendrapur. The lands belong to deity mahimamani under the marfatdari of Raja of Kanika. Balaram Das of the neighbouring village Karanjamal was admittedly in possession as Bhag tenant for a period over 20 years before 1959. The prosecution case is that Balaram also continued in possession in 1959, 1960 and 1961 and performed all the agricultural operations in the year 1961. The occurrence took place at about moon on 28-111961. For about 6 or 7 days prior to the date of occurrence Balaram had started reaping paddy from those lands. On 26-11- 1961 Accused-1 (Chakradhar Behera)accused Nos. 2 (Gani Parida), 15 (Batasi Rout) 16 (Agani Barik), 55 (Santha charan Behera), 56 (Chaturbhuj Behera) and 57 (Dinabandhu Biswal) had a conspiracy at Bhadrak to forcibly oust Balaram from reaping paddy from the said lands. On the morning of 28-11-1961 the accused came in a crowd armed with lathis and other weapons from village Manipur to wards Narendrapur. On the way p. W. 25 (Gajendra Parida) and P. W. 16 (Ram Chandra Malik) were dragged. Near about Narendrapur the crowd stopped. Accused Nos. 2, 8 (Jairam Bal), 9 (Tima bal), 15, 16 and 55 proceeded towards the lands where Balaram and his labourers p. W. 1 (Ram Chandra Bank), 3 (Bidhu Bhusan Mohasty), 4 (Kalandi Behera), and others were cutting paddy. Deceased Naka Kar had come to the spot to realise certain dues from Balaram. Accused No. 2 asked Balaram and his labourers as to why they were cutting paddy from his lands. Balaram retorted by saying that he was cutting paddy from his own lands. Accused No. 2 there upon dealt a blow on balaram with the wooden handle of a Tenta. Naka intervened and protested. Thereupon accused 2 gave a signal as a result of which about 150 persons, who had gathered near Narendrapur, came running Jo the spot. Seeing this large crowd Naka, Balaram and his labourers fled away but were chased by the party belonging to accused 2. Naka, Balaram, P. Ws. 1, 3, 4 (Kalandi Behera), 5 (Dinabandhu Barik), 9 (Gadadhar Kar) II (Hagar Jena), 27 (Kopa Das) and 47 (Pagal Barik), ten persons in all ran away towards village Karanjmal at a distance of half a mile from the aforesaid lands. All of them entered inside the house of balaram and bolted the Sadar door. The accused entered inside Balaram's house by breaking open the sadar door and also by scaling over the thatched roof and through Bari. Balaram and his men retreated towards the Marai room and ultimately into the Marai room. As the doors and windows were either broken or lifted, all of them came out. They were taken to Danda in front of Balaram's house with their hands tied. All of them were assaulted there. Balaram's wife P. W. 29 (Annapurna Dei) and her foster mother P. W. 2 (Suka Bewa) were also assaulted. The mob carried away 2 bell-metal thalis, two garas and some other ornaments. From the Danda Balaram and his men were led to a jungle called as Haripur Adia, which is at a distance of about half a mile from Balarm's house and also in the vicinity of the Mahimamani lands. Near the jungle some of the accused persons relentlessly and indiscriminately assaulted P. W. 1 who fell down unconscious. Some one then shouted that Naka was running away. The very accused persons, who were assaulting P. W. 1, pursued Naka and overtook him on the field of accused 14 (Punananda Parida ). Naka was caught and assaulted mercilessly by accused Nos. 2, 13 (Bhagaban Behera) and others with various deadly weapons. Accused Nos. 2, 14, 15 and 16 tied the hands and feet of Naka and threw him near the place where P. W. 1 was lying. P. Ws. 17 (Bimbadhar Barik), 18 (Bidyadhar Palai), 19 (Sukdeb Palai), 26 (Santha Barik) and 47 carried P. W. 1 in a cot to Ghanteswar hospital for treatment. Naka was also carried to the hospital and he was found to be dead on the way at Panchatkri.

(3.) ACCUSED-1, in his statement under Section 342, Cr. P. C. , states that he was a member of the Congress party from 1921 to 1957. He was the leader of the tenants party from 1921 to 1956 against the Raja of Kanika. In 1952 he stood as a candidate in the election for a seat in the Assembly --One Rabinarayan Das, an employee of the Raja, of Kanika and the sister's daughter's husband of Sri Nilmani routray, opposed him and failed. In 1957 the Raja of Kanika joined the Congress. That very year accused I contested for a seat from two constituencies against the congress -- one from Chandbali constituency where Shri Nilamani Routrai, the home Minister, contested him, and the other was from Aul where the Raja of kanika contested him. Accused No. 1 lost from both the constituencies. From 1957 onwards he was preparing the ground for the next election. As a member of the assembly, in 1952 he had criticised the actions of one Waz Mohammad, the then s. I. of Chnadbali. In 1959 Waz Mohammad was posted as Circle Inspector of chandbali Circle. He sided with the Congress party and started oppressing the members of the party of accused-1, and tried to implicate accused No. 1 and his party members in the various crimes committed in that area. In 1961 election accused-1 contested Shri Nilamani Routrai and was defeated. This criminal case and various other cases have been foisted on him and his party members falsely by Shri Routrai, the present Home Minister, in collusion with the police and the members of the local Congress Party. In fact Shri Routrai was camping at Bhadrak in 15-12-1961 and at Chandbali on 21-1-1962 and, 3-2-1962, and got him arrested at Bhadrak on 3-2-1962, In substance, accused-1's defence is that all the 56 other accused persons are members of his party who are being harassed by the police at the instance of the Home Minister whom he contested in the last elections as he is trying to further consolidate his position in the constituency to defeat the home Minister. Accused-2 stated that he supported accused No. 1 during the last mid-term election. The Circle Inspector Waz Mohammad threatened him with, dire consequences if he would trespass into the lands at Mahimamani. He has been inducted as a tenant into these lands in 1959 and is in cultivation possession for the three years 1959, 1960, and 1961. Balaram was the previous tenant. He fell into arrears of rent and surrendered his lands where after accused-2 was inducted. On 19-11-1961 D. W. 10 (Bidyadhar Rout), an employee of the Raja of Kanika, effected the appraisement of tha crops. He cut paddy from two acres of land from 19-11-1961 to 23-11-1961. From 24-11-1961 to 27-11-1961 he was at Bhadrak in connection with certain cases. He reached home on 27-11-1961 at 9 p. m. , when he got the information that Naka, Balaram, P. Ws. 1, 3, 18 and others had gone to karendrapur to cut paddy from the disputed lands. In the morning of 28-11-1961 he started for Narendrapur with some Bhadraloks and 2 Mulias. On the way he met accused-16 and some others. In all 9 persons went to the spot. There he found Naka, Balaram. P. W. 1 and others, about 14 in numbers cutting paddy. On his protest Naka and P. W. 1 abused and assaulted him. They tried to run over accused-16. There was golmal and his men were chased, but they successfully ran away to safety. On 29-11-1961 he went to Bhadrak and got himself medically treated. Acused Nos. 12 (Baidhar Parida), 16, 23 (Durga Charan Behera), 36 (Hagar behera), 37 (Banshidhar Naik), 39 (Banshidhar Barik) 46, (Murali Dhar Barik) and 50 (Daina Behera) admit their presence on the spot with accused-2 and give similar versions. Thus in all 9 persons admit their presence on the spot in their statement under Section 342, Cri. P. C. Accused No. 16 is the brother of accused 1. Accused No. 4 (Gagan Behari Behera) and accused-17 (Gangadhar Behera) are the sons of accused No. 56. Their statements are similar to that of accused No. 1. Accused-56 admits that 1 Dauli, 2 Kataris and 6 lathis, which are usually kept by agriculturists were recovered from his house. The other weapons alleged to have been seized from his house were brought by the crowd accompanying P. W. 69 (P. C. Patnaik), Officer-in-charge. The case has been falsely foisted on him as he supported the party of accused No. 1 against the Home Minister. The other accused persons gave similar statements and denied their presence.