GHANASHYAM SAHI AND ANOTHER Vs. STATE

JUDGEMENT

(1.) Appellant No. 2 Jayadeb Sahu is the son of appellant No. 1 Ghanashyam Sahu. They have been convicted under Sec. 302/34, I.P.C. and sentenced to undergo rigorous imprisonment for life.

(2.) The aforesaid two appellants along with Rukuni Sahu (wife of appellant No. 1 Ghanashyam Sahu) faced trial under Sec. 302/34, I.P.C. for having committed the murder of Bipin Sahu in furtherance of their common intention. The prosecution case is that on 6-9-1989 in the morning there was altercation between Bipin and appellant No. 2 Jayadeb over the issue of discharge of water by the former from his paddy fields to the adjacent nala. In the afternoon at about 2 p.m. appellant Ghanashyam called Bipin and asked him as to why he picked up quarrel with his son Jayadeb in the morning. After saying so, he threw a stone at Bipin which hit his head. As a result, Bipin fell down flat on the ground with his face upwards. It is alleged by the prosecution that appellant Ghanashyam caught hold of both the legs of Bipin and directed his son appellant Jayadeb to bring a tangia for killing Bipin. Accordingly, appellant Jayadeb came with a tangia from his house and dealt tangia blows on the head and neck of Bipin. He sustained severe bleeding injuries. On hearing hullah, Baisakhu (P.W. 2), Fakira Kanta and others who were playing cards at a nearby place rushed to the place of occurrence. Bella (widow of Bipin) also came rushing to the spot. On seeing them, the assailant's fled away from the scene of occurrence. Bipin was removed to Charbhata hospital for treatment and thereafter to Bolangir hospital where he succumbed to the injuries.

(3.) The plea of the appellants was one of clean denial.