SIBA SINGH SIBANATH SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two appellants who are brothers challenge their conviction for the offence under section 302 read with section 34 of the Indian Penal Code and sentence of imprisonment for life, on the finding that they committed murder of a lady named Mirli in furtherance of their common intention.

(2.) Mirli (deceased) and the appellants reside in the same village Dumatandi within Tiring Police Station of Mayurbhanj district. They are related in the following manner: Mirli is sisters daughter of one Mohan who died leaving behind two daughters named Pada and Oishi. The two appellants are sons of Oishi. While P.W. 2 was working as a retained labourer under Mirli, both of them got married. Mirlii had her house and property at village Dumatandi. After marriage she transferred some of those properties by registered sale deed in favour of P.W. 2 and applied for mutation. The two appellants objected. But ultimately mutation was allowed in favour of P.W. 2. On this account there was ill-feeling between Mirli and P.W. 2 on one hand and the two appellants on the other.

(3.) In above premises it is alleged by the prosecution, that in 11.12.1988 at about 11. A.M. at village Dumatandi the two appellants assaulted Mirli by lathis when she entered the house of the Grama Rakshi Siba Munda. The appellants, however, reached her and further assaulted her to death.