BIDYADHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two appeals arise out of the same judgment passed by the learned Sessions Judge, Mayurbhanj. They were heard analogously and this common judgment will govern both.

(2.) The appellants in Criminal Appeal No. 126 of 1981 and the respondents in Government Appeal No.2 of 1982 were tried for having committed offences under Ss. 148, 302 read with Ss. 149 and 323 read with S. 149 I. P. C. for the murder of Ashutosh Mohanta (Deceased) at about 7 a. m. on 27-11-1979. While the appellants in Criminal Appeal No. 126 of 1981 were convicted under S. 302/34 I. P. C. and sentenced to imprisonment for life, the respondents in Government Appeal No.2 of 1982 were found not guilty and acquitted by the learned Sessions Judge.

(3.) The prosecution case may be stated in brief. The deceased purchased a piece of agricultural land from one Satrughna Mohanta, son of the recorded tenant Milu Mohanta about three years prior to the occurrence. Puma Chandra Mohanta, one of the respondents in the government appeal, purchased the self-same land from Gurubari, sister of Satrughna and daughter of Milu. In the evening prior to the date of occurrence there was a compromise between Ananta, husband of Gurubari and the deceased in presence of some of the prosecution witnesses. It was decided that paddy raised on the land and the straw shall be taken by Ananta. The deceased shall pay back the consideration of the land (sic). On 27-11-1979 at about 7 a. m. the deceased went upon the land with some of the prosecution witnesses. The appellants in the criminal appeal and the respondents in the government appeal being armed with Tangis, Budias and lathis arrived there. They assaulted the deceased by the weapons they had carried, as a result of which, he sustained a large number of bleeding injuries, fell down on the ground and died instantaneously. When P. w. 8, Motilal protested, he was also assaulted resulting in injuries on his person. P. W. 12, Bhagirathi Mohanta, son of the deceased arrived and found his father seriously injured. He brought the deceased to his house and left for Betanati Police Station to lodge the F. L R. (Ext. 9/1). After completion of investigation, charge-sheet was submitted against the appellants in the criminal appeal and the respondents in the government appeal for various offences already referred to above.