TIPU @ SAROJA KANTA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant faced trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.C., Athagarh in Sessions Trial No.886 of 2004 for offences punishable under sections 452/34, 302/34 and 307/34 Indian Penal Code for committing house trespass into the building of the informant Udhaba @ Pabitra Das (P.W.9) with bhujali on 09.08.2002 at about 11.00 p.m. having made preparation to assault Panchei Das (hereafter "the deceased"), wife of the informant and committed murder of the deceased and also assaulted Jagani @ Srikanta Das (P.W.8), son of the informant and the deceased with an attempt to commit his murder.

(2.) THE prosecution case, as per the First Information Report lodged by P.W.9 Udhaba @ Pabitra Das on 10.08.2002 before Officer -in -charge of Baramba Police Station is that the informant was a worker in the tiffin stall of one Prafulla Sahu of village Nuapatna which is situated under Tigiria Police Station. Out of the four sons of the informant, the eldest and the second son were working outside. The deceased who was the wife of the informant and their two minor sons namely, Jiban @ Jaguni @ Srikanta Das (P.W.8) and Susanta Das were staying with the deceased. The informant used to come to his house in every ten to fifteen days. On 10.08.2002 morning at about 5.00 a.m., the brother -in -law of the informant namely Raj Sahu (P.W.4) and nephew Chhabi Sahu reached near the informant and informed him that the appellant had committed murder of the deceased last night at about 11.00 p.m. They further informed him that two other persons were there with the appellant and that the accused persons forcibly entered inside the house of the informant and assaulted on the back of the deceased by means of bhujali and that while two coaccused persons were catching hold of the deceased, the appellant assaulted the deceased by bhujali. When the minor son Jagan (P.W.8) prevented the accused persons at the time of assault, he was also assaulted by means of bhujali on his abdomen and hands for which he had also received serious injuries. Another minor son of the deceased namely, Susanta Das escaped from the spot and informed the co -villagers. When the co -villagers arrived at the house of the informant, the accused persons had already left the spot.

(3.) THE defence plea of the appellant was that there was civil dispute between him and the informant and he had been falsely entangled in the case by the informant in order to grab his landed properties.