PRAFULLA NAIK AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two sibling uterine brothers Prafulla Naik(A1) and Sania alias Sanyasi Naik(A2), who are appellants before us, were prosecuted for the charge of murder under Section 302/34 I.P.C. by Additional Sessions Judge (F.T.C.), Chhatrapur in Sessions Case No. 5/2005, State Vrs. Prafulla Naik and another and were adjudged guilty of that offence and resultantly were convicted for the said crime and sentenced to serve life imprisonment and to pay a fine of Rs.5000/- each, and in default in payment of fine to serve additional one year simple imprisonment vide impugned judgment and order dated 20.07.2005. Aggrieved by the aforesaid decision both the convicted accused have preferred instant appeal challenging the same.

(2.) Eschewing unnecessary details and describing briefly, prosecution story as put forth before the trial court revealed that the informant-Balaji Naik/P.W.4, his younger brother Kabi Naik (deceased) and both the appellants Prafulla Naik(A1) and Sania alias Sanyasi Naik(A2) are co-villagers and next door neigbours being resident of the same lane Dandasi Sahi, in village Ujalapally, under Police out post Beguniapada within local jurisdiction of Kodola Police Station, District Ganjam. Topographical spot map, Ext. 9, prepared by the I.O. Gangadhar Bhuyan/PW12 makes it evident that in the said village a north and south lane is bisected by a east west lane and at 'T' junction of it is situated the house of the appellant Sania alias Sanyasi Naik(A2) and to west is the house of another appellant sibling brother Prafulla Naik(A1) followed by the houses of Kabi Naik (deceased) and thereafter of the informant Balaji Naik/PW4 towards further west adjoining each other. All the four houses adjoin each other on the southern side of aforementioned bisecting east - west lane. On the eastern side of north-south lane at 'T' junction is situated the house of Kama Naik/PW5 with its back yard towards north. It was further divulged that on 17.06.2004 at 10 a.m. accused appellants encroached upon deceased land and started erecting demarcating fence on which a verbal altercation ensued between them. Kabi Naik, the deceased, then approached other co-villagers Gantei Moharana /P.W.2, Ladu Sahu/P.W.3, Narayan Pradhan/P.W.9, Bhaskar Das and Bhagia Das to settle the dispute and at their intervention and mediation the dispute was settled at that time but not without infusing animus hostile feelings amongst the accused appellants. Rankled and motivated by the aforesaid dispute, on that very day (17.0.06.2004) at 7 p.m. the appellant Sania alias Sanyasi Naik(A2) is alleged to have caught hold of Kabi Naik(the deceased) in front of the house of the appellant Prafulla Naik(A1), when Kabi Naik(deceased) was going somewhere from his house and the latter appellant (A1) repeatedly stabbed him with a knife causing extensive injuries on his chest, left side belly, etc., and thereafter the said appellant(A1) also caused incised cut injuries on the mouth of the injured/deceased. As a result of inflicted injuries to the abdomen intestines of Kabi Naik(deceased) protruded out. Sustaining such grievous injuries injured Kabi Naik squatted on the ground at the backyard of the house of Kama Naik/PW5 at a distance of 20 feet from the house of appellant-Prafull Naik(A1) and lost his breath. This incident was witnessed by informant elder brother Balaji Naik/P.W.4, Abhimanyu Naik/P.W.10, Babu Naik, Kama Naik/P.W.5 and many others. After knifing the body of the injured/deceased, both the assailant/ appellants made their escape good from the incident spot.

(3.) Balaji Naik(P.W.4)/ the informant, and elder sibling brother of the deceased, got a F.I.R., Ext.2, slated through scribe Khandeswar Sahu and after verifying it's contents, put his left thumb impression and then carried it to the police out post Beguniapada, and lodged it. S.I. Gangadhar Bhuyan (P.W.12), S.I. police out post received Ext.2 and finding a cognizable offence being disclosed dispatched it to Kodala Police Station for registration of formal FIR, and consequently O.I.C., Kodala P.S. Prafulla Kumar Swain registered FIR No.119 of 2004, Ext. 2/3, under Section 302/34, I.P.C. the same day i.e., 17.06.2004 at 10.30 p.m. mentioning the distance of place of the incident to be 15 K.M.s. Both the appellants were named as the perpetrators of the murder.