NAIDU BUDHIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been preferred against a judgement of the learned Sessions Judge of Ganjam -Boudh convicting appellants 1 and 2 under Section 302, I.P.C. and appellants 3 to 7 under Section 302/149, I.P.C. and sentencing each of them to undergo imprisonment for life. The offence under Section 201, I.P.C. was found to have been established against all the appellants, but no separate order of conviction and sentence was passed for this offence.

(2.) THE prosecution case was that the appellants suspected the deceased Somanath Behera to be a sorcerer. The wife of appellant No. 3 Apudu Das died about two years before the occurrence and the appellants believed that her death was due to witchcraft practised by the deceased. They held a meeting in the village and directed the deceased to pay a fine of Rs. 400/ - or else to go away from the village. The next day Somanath left the village since he could not pay the fine. Subsequently his wife paid the fine by sale of some articles. Even then the deceased remained away from the village. About 15 days before the occurrence he came to the village in the evening and went away on the next morning. On the date of occurrence i.e. 4 -11 -70, he came to the village in the evening when P.W. 4 Jasoda Beherani complained before appellant No. 1 that her child died due to the witchcraft practised by the deceased. At about midnight while the deceased and his wife were asleep, the appellants went there in a body being variously armed with weapons and forced open the front door of his house. They forcibly took the deceased towards a canal and killed him there.

(3.) DURING their examination under Section 342, Criminal Procedure Code the appellants denied the charges and pleaded innocence. Appellant No. 7 Gobardhan retracted the confession and contended that it was made at the instigation of the police.