NANDU AND DHANESWAR NAIK Vs. STATE

JUDGEMENT

(1.) APPELLANT has been convicted under Section 302/34 I. P. C, sentenced to rigorous imprisonment for life and under Sections 342/34 sentenced to rigorous imprisonment for six months; both the sentences to run concurrently.

(2.) APPELLANT Nandu, Bitu, Mohan and Obhotu are four brothers. They are living separately. Mohan is living in village Kesadfha whereas the other brothers are living in village Chirupada situated as a distance of four miles from village Kesadiha. The occurrence is said to have taken place in village Kasadiha. The prosecution case may be stated as follows: In the forenoon of 12th November, 1972 P.W. 1, her son Dhaneswar (deceased) and her two daughters -in -law (of whom P, W 3 is one) were engaged in cutting paddy along with labourers P.Ws. 2, 4 and 5 from their land situated in Rugudibhol Chak in village Kasadiha. Mohan owns land adjacent to the said land. AH the aforesaid four brothers, Nandu (Appellant), Mohan, Bitu and Chhotu suddenly came to the spot -Mohan was holding a rope, lathi and a katari and the other three brothers were armed with axe. As soon as they came to the spot they attacked P.W. 1 (mother of the deceased) and thereafter all of them tied down Dhaneswar (deceased) with a rope and severely assaulted him as a result of which he fell down. Thereafter the assailants left the spot with the weapons. The villagers took P.W. 1 and injured Dhaneswar to the police station which is situated at a distance of 14 kilometers from the spot where P.W. 1 lodged F, I. R. (Ext. 6) on 1& -11 -1972 at about 4.00 p. m, Dhaneswar was admitted in the Primary Health Centre and was treated by P.W. 8. Dhaneswar died on 14 -12 -1972. So P.W. 8 sent information to the police about Dhaneswar's death. The Investigating Officer, P.W. 11 visited the sopt on 13 -11 -1972. Inquest of the dead body was done on 14 -11 -1972 and the inquest report is Ext, 12. Autopsy of the dead body was conducted on 15 -11 -1972 by P.W. 9 and his post -mortem report is Ext. 5. After investigation police charge -sheeted all the four brothers under Sections 302/34, 342/34 and 326/34 Indian Penal Code. Mohan died during pendency of the case, Chhotu has absconded since the beginning of investigation, In the circumstances, Nandu, and Bitu stood trial on the aforesaid charges. Charge under Section 326/34, I. P.C. was made in connection with voluntarily causing grievous hurt to P.W. 1. The learned Sessions Judge has acquitted them of the said charge as . evidence was not satisfactory. Bitu has been acquitted of charges under Sections 302/34 and 342/34 I. P, C. on the ground that his name was not mentioned in the F. I. R. lodged by P.W. 1. Only Nandu has been convicted under the aforesaid sections and he is the sole appellant here, The defense plea is of total denial and that appellant was not at all concerned with the incident,

(3.) PROSECUTION relies on the evidence of P.Ws. 1, 2, 3, 4 and 5 along with the evidence of the two doctors, P, Ws. 8 and 9 for conviction of the appellant, P.W. 1 is the mother and P.W. 3 is the widow of the deceased. P.Ws. 2, 4 and 5 are labourers.