KALANDI BEHERA Vs. STATE

JUDGEMENT

(1.) 28 persons were put on trial. 20 persons have been acquitted. Appellants 1 to 8 are respectively accused Nos. 2, 5, 20, 19, 21, 23, 22 and 28. All the appellants have been convicted under Section 147 and Section 379, I. P. C. and sentenced to undergo rigorous imprisonment for one year each under Section 147, I. P. C. Appellants 4, 5 and 7 have further been convicted under Section 323, I. P. C. No separate sentence has been passed under Sections 323 and 379, I. P. C.

(2.) THE dispute relates to 9 acres of land situate in village Narendrapur, The lands belong to deity Mahimamani of which the Raja of Kanika is the trustee. The prosecution case is that deceased Balaram Das was a bhag tenant of these lands for over 20 years before 1959. He fell into arrears of rent and surrendered the lands. In the year 1959, complainant Gani Parida (P. W. 1) was inducted as a bhag tenant and he cultivated for three years 1959, 1960 and 1961. There is an accute party faction in the area. The party of the complainant is headed by Sri chakradhar Behera while the party of Balaram Das is headed by the present Home minister, Sri Nilamoni Routrai. On 19-11-1961, Bidyadhar Rout (P W. 5) an employee of the Raja of Kanika, effected appraisement of the crops. P. W. 1 cut paddy from 2 acres of land from 19-11-61 to 21-11-1961. From 24-11-61 to 2711-61 he was at Bhadrak in connection with certain criminal cases. On return from bhadrak, he got information that Balaram Das with his men bad been to narendrapur to cut away the paddy crop from the disputed lands. He collected certain gentlemen in the morning of 28-11-61 and started for Narendrapur. On the spot he found deceased Naka, Balaram and his men were cutting paddy. On his protest, Naka, Balaram and appellant-5 abused and assaulted him. There was some golmal between the parties. Injuries were caused both on him and on Agani barik ( P. W. 4 ). Thereafter they left the field.

(3.) IN view of the acquittal of 20 persons it is not necessary to give in detail the statements of all the accused persons. The defence version is that not only balaram was the bhag tenant of the Mahimamani lands for over 20 years before 1959, but he was in cultivating possession even in 1959, 1960 and 1961. On 2811-61 Balaram with his men had come to the field, while they were cutting paddy, gani Parida with about 150 persons came there, assaulted them, pursued them to the house of Balaram Das where-from they were taken to Haripur Adia where naka and Rama Barik were severely assaulted.