BASANTA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant hasant Singh has been convicted under Section 302 IPC for committing murder of one Balunki Behera. The appellant along with twelve others was tried in the court of the Additional Sessions Judge, Bhubaneswar. The appellant and one Rohita Singh (since acquitted) were charged under Section 302 IPC. They were further charged under Sections 147, 302 read with 149, and 323 IPC. The other accused persons were charged under sections 1047, 302/149 and 323 I.P.C. Except the appellant, all the other accused persons have been acquitted.

(2.) Prosecution case in short is that there are two villages, namely, Janla and Harapur within the jurisdiction of Jatni Police-station in the district of Pun. There is another village, namely, Chandihata in between these two villages. There is a tank called Sunagadi situated near village Harapur. In the year 1956, this tank had been transferred to Janla grama panchayat. The tank was put to auction for the year 1978-79 and Bairagi Panda (P.W. 2) of village Janla being the highest bidder, was given lease to catch fish from the tank. It is alleged that on 23.3.1979 at about 8.30 a.m. the villagers of Janla numbering about 30 to 40 including P.W. 1 to 10 came to catch fish from the tank. The accused persons, who are villagers of Harapur, were standing on the ridge of the tank holding weapons like lathis tentas, valis, gun and hand-bomb. When the villagers of Janla came to the tank, the accused persons prevented them from catching fish. So there was an altercation amongst the two groups. After sometimes, it is alleged, Rohit Singh (since acquitted) fired a shot from a gun at the villagers of Janla. Though none of the villagers of Janla received any injury, deceased Balunki Behera fell down on the ground on hearing the sound. Then accused Kedara Jena (since acquitted) threw a hand bomb towards the villagers of Janla. Thereafter, the appellant assaulted the deceased by a lathi and some other accused persons trampled over him. The villagers of Janla tried to escape but were chased and assaulted.

(3.) The case of the defence is that while be appellant, accused Prafulla Singh, Prasanna Kumar Jena and Kulamaani Das (since acquitted) were going to take bath in the tank the villagers of Janla came there being armed with various weapons. When they wanted to catch fish the above-named four persons told them that the little water available in the tank was being used by the people of Harapur for drinking and other purposes and the water should Dot be spoiled. The villagers of Janla did not pay any heed to that and at the instance of the Sarpanch of Janla (P.W. 11) assaulted these four persons, who raised hue and cry which attracted the, villagers of Harapur. Some of the villagers of Harapur came running being armed with lathis etc. and scuffle ensued between the two groups as a result of which some villagers of Janla received injuries. The appellant specifically denied the allegation that he had assaulted Balunki Behera. There was also a counter case against some of the villagers of Janla.