SRIPATI JENA Vs. STATE

JUDGEMENT

(1.) THE above noted two Criminal Appeals under Section 374(2), Cr.P.C. have been filed by the two convicted accused persons in Sessions Trial No. 20/149 of 1993 of the Court of Additional Sessions Judge, Balasore.

(2.) Two separate appeals on different dates were filed by the two convicted accused/appellants but by engaging the same set of Counsel and a common argument was advanced. Therefore, this judgment shall abide the result in both the Criminal Appeals.

(3.) ACCORDING to the case of the prosecution, deceased Kailash is the father of informant Gadadhar (P.W. No. 1), Damodar (P.W. No. 5) and Gangadhar (P.W. No. 8). Similarly the acquitted accused kalia is the father of the accused Sripati and Goutam. The informant party are the joint owner of a Gadia (Pond) with 50% interest therein. The 50% share of the co -sharer had been purchased by the accused family and therefore a ridge was put in the middle to demarcate the respective shares of that Gadia. As alleged by the prosecution, on the date of occurrence i.e., on 23.11.1992 in the after noon the accused persons irrigated their vegetable field from the water from their portion of the Gadia and thereafter cut the dividing ridge so as to make up deficit of the water level in their pond by taking water from the pond of the informant party. On getting this information, the deceased and his two sons, P. Ws. 5 and 8 went to the spot, protested against the high handed action of the accused persons and started filling the cut portion of the ridge. That occurrence took place at about 4.30 P.M. Both the Appellants being instigated by their father came and assaulted the deceased as well as P. Ws. 5 and 8 by using lathi causing bleeding head injury to the deceased and P.W. No. 5 and when P.W. No. 8 wanted to rescue his father, he received a lathi blow on his hand dealt by accused Sripati. After assaulting in the aforesaid manner, the accused persons decamped, Gadadhar (P.W. No. 1) the other son of the deceased witnessed this occurrence from some distance and after departure of the accused persons, he took help of others and removed the injured persons to the C.H.C. at Remuna and on the advice of the Doctor of the C.H.C. to the District Headquarters Hospital at Balasore and on the further advice of the doctors of the Headquarters Hospital the deceased was taken to S.C.B. Medical College & Hospital, Cuttack, but on the way the deceased succumbed to the injuries.