DAYA MAHANANDA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT father Kampala Mahananada(A2) his son Daya Mahananda(A1) and one Rajiba Barik(A3) are in appeal before us which emanates against the impugned judgment and order dated 12.2.2008 passed by Additional Sessions Judge,(F.T.C.), Bargarh in Crl. Trial No. 47/13 of 2006, State versus Daya Mahananda and others (arising out of G.R. Case No. 205 of 2005 and P.S. Case 155), by which appellants were found guilty of offences u/s. 341/323/302/34 I.P.C. and were convicted for those crimes and were sentenced to imprisonment for life for the charge of murder u/s. 302/34 I.P.C. and since learned trial court was of the view that " As all of them(convicts) have been sentenced to undergo life imprisonment u/s. 302/34 I.P.C., so there is no reason to award separate sentence in relation to sections 341/323/34 I.P.C. Furthermore sentence of life imprisonment is an extreme penalty and adding a sentence of fine to it is not necessary" that he did not pass any separate sentence for rest of the proved offences.

(2.) A priory we note that the appeal was filed by all the three appellants but pendent lite two of them (A1) and (A2) expired on 26.11.2011 and 08.12.2012 respectively that their appeals stands abated and consequently we are considering appeal of only (A3).

(3.) RECAPITULATING prosecution case against the appellants, as was stated before the learned trial Judge in the concerned Sessions Trial, it is discernible from the FIR Ext.2 and depositions of fact witnesses Rajesh Mahananda/PW1, Rukmini Dip/PW4, Illa Dip/PW5, Rajanikanta Mahananda/PW10 and Dasarathi Mahananda/PW11 that the appellants are the co villagers of the informant and the deceased Balram Mahananda who was the son of Dasrathi Mahananda/PW11, husband of Padma Mahananda/PW3, and elder brother of PW2 and PW10. Another co villager Khageswar, whose house situated at a distance of 300 meters from the house of deceased and his witnesses father and brothers was a contractor and he had purchased sand of about Rs. 2200/ - from the deceased Balram Mahananda. On 15.11.2005 Balram(deceased) went to Khageswar to demand the payment of the sale price but Khageswar refused to make the payment and a verbal duel between them had ensued amidst which the appellants also tried to intervene but were forbade by the deceased not to do so. Deceased thereafter returned from Khageswar's house and while returning, when he arrived in front of the house of the appellants at 4 p.m., at a distance of 200 meters from his house, all the appellants belaboured him with lathi and when PW2 tried to intervene, he too was inflicted with lathi injuries at the back of his head by A1 and A2 making him unconscious. Rajiba Barik(A3) picked up a stone from the ground and threw it at Balram's head because of which he(Balram Mahananda) squatted on the ground face downwards and lost his senses. This incident was witnessed by Rukmini/PW4, Illa/PW5, Manjula and many others. Both the injured were shifted to Barpali hospital for treatment in a trolley rickshaw by Rajnikanta Mahananda/PW10 where the doctor advised PW10 to shift his injured brothers to V.S.S. Medical College and Hospital, Burla and consequently they were admitted in Burla hospital where Balram Mahananada breathed his last soon after his admission.