BRAJABANDHU NAIK Vs. STATE

JUDGEMENT

(1.) THE three appellants have been convicted under Sections 326/34, I.P.C. and 307/34, I.P.C. and sentenced to undergo rigorous imprisonment for three years and five years on the two counts respectively the sentences being directed to run concurrently by Shri D. Panigrahi, Assistant Sessions Judge, Cuttack, on 22.4.1972. The injured Rangadhar Das (P.W. 2) is a resident of village Chheda. On 11.5.1970, he was returning from a shandy at Champapur which is at a distance of about one and half mile from his village. Brajabandhu Naik, appellant No. 1 (accused No. 1) and Kailash Chandra Naik, appellant No. 2 (accused No. 2) are two brothers belonging to village Chheda Haripur while Nisakar Parida, appellant No. 3 (accused No. 3) belongs Co village Kaintha. The place of occurrence is village Sothamunhan which is in between the village of injured P.W. 2 and village Champapur, but nearer to the latter. As it appears, Chheda and Champapur (in the absence of a spot map) are connected by a road that runs along a canal locally known as Nalabandha Rasta.

(2.) THE prosecution case is that while P.W. 2 was returning from the shandy at about 4 p.m., the three appellants were keeping ambush near Gothamuhan school to attack him. Each was armed with a lathi and further Kailash was armed with a dagger which he kept tucked to his waist. They were also in possession of some corrosive acid. It is alleged that as the injured neared the school - which was close to the Nalabandha Rasta, appellant Nisakar came out and obstructed P.W. 2 from proceeding further. The other two appellants surrounded him from behind. At once appellant Nisakar dealt a lathi blow on the left arm over the scapula that caused a fracture on the same. Thereafter the other two appellants assaulted him indiscriminately with lathis over his hand and back. However, P.W. 2 escaped and ran towards village Gothamunhan to save his life. But before he could reach the village he was overtaken at the outskirts and attacked there. He was made to lie flat, Nisakar sitting upon his chest. Appellant Kailash caught hold of his legs. Kailash then directed Braja to bring acid. The injured attempted to cover up his face with his hands to save it from acid being poured over it. As he persisted, appellant Kailash is said to have given a knife blow on his right arm. On receipt of the injury, P.W. 2 took off his hands and appellant Braja poured acid on his face and eyes. Thereafter the three appellants are said to have dragged him to the Nala and abandoned him there. The case, as put up, is that P.W. 4 who was easing himself nearby immediately arrived at the spot and so the appellants took to their heels. Soon after P.W. 5 also arrived and many people gathered there including the Gramarakhi. The injured was brought to Chhatia and therefrom he was brought to the Sriram Chandra Bhanj Medical College, Cuttack in a jeep. The injured was admitted into a Casualty Ward on 11.5.1970. His condition was very precarious hovering between life and death. An information was thus sent from the Casualty Ward to Mangalabag Police Station which in due course was despatched to Mahanga Police Station under which the place of occurrence comes. But unfortunately, the same has not been traced out. However, in the instant case, a report has been lodged by one Radhanath Swain, P.W. 1 on 22.6.1970 at Mahanga P.S. (Ext. 1) leading to the investigation of the case and submission of charge -sheet against the three appellants ending in their conviction and sentence as aforesaid.

(3.) THERE are 12 witnesses for the prosecution and two for the defence. Out of the prosecution witnesses, the material witnesses are P.W. 2, the injured himself and P.Ws. 4 and 5 who are said to be eyewitnesses to the occurrence. P.W. 1 has merely lodged the First information report at the instance of the injured. P.W. 3 is the wife of the injured who simply attended to her husband in the hospital, P.W. 6 is the Investigating Officer who received Ext. 1, the F.I.R. and P.Ws. 7 to 11 are the doctors who treated the injured at different stages while he was under treatment in the S.C.B. Medical College and finally discharged on 6.10.1970 a disfigured, crippled blind -man. P.W. 12 is the Assistant Sub -Inspector of Police attached to Mangalabag P.S. who proves the entry in Ext. 4 dated 14.5.1970 indicating that the Casualty memo bearing No. 503 dated 11.5.1970 had been despatched to Mahanga P.S.