BHAJAN SUNA Vs. STATE

JUDGEMENT

(1.) THE five appellants stood charged under Sections 148 and 302/149, Indian Penal Code with having formed themselves into an unlawful assembly in prosecution of the common object of which they committed the murder of Gajendra Suna of village Bangabahal, P.S. Luisinga in the District of Bolangir in the morning of 29.6.1970.

(2.) APPELLANTS 1 to 4 are the brothers of P.W. 1 Mohan Suna who is the father of the deceased Gajendra Suna. Appellant No. 5 is the son of appellant No. 1. The prosecution case was that P.W. 1 and his sons were in possession of a piece of cultivable land locally known as Munda Duli. They ploughed the land and sowed paddy seeds which had germinated by the date of occurrence. On the date of occurrence, the appellants trespassed over the land and started ploughing the same causing damage to the paddy seedlings. On getting information about this, the deceased went there with his wife and brothers and unyoked the ploughs of the appellants who killed him by dealing blows with deadly weapons. On the same day, F.I.R. was lodged by P.W. 1 at Luisinga P.S. which is at a distance of 22 Kilometres from the place of occurrence. After due investigation, the appellants along with two others were charge -sheeted by the police.

(3.) THE learned Sessions Judge on a consideration of the evidence led by the prosecution came to the findings that P.W. 1 and his sons were in possession of the land in question, that they had sowed paddy about 8 days before the date of occurrence, that the appellants trespassed on the land and damaged the paddy seedlings by ploughing the same and that when the deceased unyoked their ploughs, they attacked him with deadly weapons and caused his death. On appeal, it is urged that the above findings are not warranted by the evidence on record and that the action of the appellants is justified by the right of private defence of person and property.