GOKULA DALAI AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the appeals are directed against the judgment dated 10.01.1992 passed by the learned Sessions Judge, Bolangir in Sessions Case No. 29 of 1991 convicting all the three appellants under Sections 307 and 394 of the Indian Penal Code (IPC in short). Gokula Dalai and Nila @ Nilamani Dalai (appellants in CRA 36/92) were sentenced to undergo R.I. for five years each for the offence under Section 307 IPC and Jaga Dalai (appellant in CRA 45/92) was sentenced to undergo R.I. for seven years under Section 307 IPC. Further all the three appellants were sentenced to undergo R.I. for two years each under Section 394 of the IPC with a direction for consecutive running of the sentences. Further all the three appellants were sentenced to pay a fine of Rs. 1,000/ - each on each count in default to R.I. for six months more.

(2.) THE prosecution case, as presented, was that on 23.10.1990 at about 8.30 a.m. the victim one Bisikeshan Sha (p.w.2) was proceeding on the main road leading from Bolangir to Titilagarh towards his field on a cycle carrying Rs. 750/ - with him for payment to the labourers engaged by him. The accused Jaga Dalai was following him on a cycle at a little distance. All of a sudden the accused Jaga overtook him and detained him near a tamarind tree by the side of the road. The other two accused persons appeared there and all the three accused persons dragged the victim inside the bushy forest by the side of the road. The accused Gokula was holding a long knife, accused Nila was holding a sword and the accused Jaga was holding a KHUKRI. Accused Gokula snatched away the cash of Rs. 750/ - from the victim and all the three accused persons assaulted him by the weapons. Thereafter while the accused Gokula and Nila caught hold of the two hands of the victim, the accused Jaga cut the right hand of the victim severing his palm from the hand. Then all the three accused persons fled away carrying the cut palm of the victim. The victim profusely bleeding went near the house of one Bhaskar Bhanda (p.w.4) and sat down there. He saw Bhaskar Bhanda coming out of his house and requested him to inform the incident at his house and to the police. The prosecution story, as further revealed, was that at the relevant time, one A.S.I. of police (p.w.11) of Deogaon outpost was coming on the road when he noticed the accused Jaga on the road. On seeing the police, Jaga leaving his cycle on the road ran inside the bushy forest. The police officer chased him for a little distance but could not apprehend him. Coming back to the road, he found the cycle on which he noticed blood stains and the name of J.K. Dalai engraved on the handle. He sent the cycle to the Outpost through a Forester. Then he proceeded ahead. After about a kilometre, he noticed an unattended cycle, a pair of chappal and a red coloured towel near a tamarind tree. After covering a little further distance, he noticed some people standing and a man sitting, at a distance of about 100 yards from the road. They called him. Going there he found the victim with bleeding injuries with a severed palm and the victim told him that the three appellants had assaulted him and had taken away Rs. 750/ - from him. The police officer carried the victim to the Deogaon PHC along with one Kasi Bhanda (p.w.6) as pillion on his motor cycle. The officer also giving a requisition requested the doctor to record the dying declaration of the victim since his condition was serious. There the brother of the victim, one Bharat Sa (p.w.1) arrived and presented the written report to the police officer, which was treated as an F.I.R. The victim was referred to Bolangir hospital for further treatment.

(3.) THE accused persons pleaded innocence besides alleging false implication due to earlier disputes and the accused Gokula and Nila specifically took the plea of alibi.