DEBENDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The above Death Reference No. 1 of 1994 under Section 366 of the Code of Criminal Procedure along with Jail Criminal Appeal Nos. 434, 435 and 436 of 1994 was taken up together and all the cases are disposed of by this common judgement, Mr. S. K. Sahoo, learned advocate appointed in terms of the procedure as laid down in the Rules of the High Court of Orissa to defend the accused in the Death Reference also appears for the accused in the aforesaid Jail Criminal Appeals. The reference under Section 366 Cr. PC has been made by the learned Additional Sessions Judge, Sambalpur for favour of confirmation of the death sentence in Sessions Trial No. 28/7 of 1994. Rule 15 of the Rules of the Orissa High Court indicates the procedure to be adopted in a reference in case of capital sentence and rule 22 enjoins that in a reference made to this Court for confirmation of death sentence, the Registrar shall immediately on arrival of the records lay the same when necessary before the Hon'ble the Chief Justice for appointment of an advocate. It appears that the Hon'ble the Chief Justice appointed Shri S. K. Sahoo, Advocate since 20th of January, 1995. The condemned prisoners, namely, Rabindra Pradhan and Sanatan Pradhan, have preferred appeals from jail which are numbered as Jail Criminal Appeals 435 of 1994 and 436 of 1994 respectively. Besides the condemned prisoners, accused Debendra Pradhan has also preferred appeal from jail numbered as Jail Criminal Appeal No. 434 of 1994. All the prisoners have submitted their Vakalatnama duly signed by them and have also signed the legal aid forms for engagement of an advocate to defend them at the time of hearing of their appeals. The required number of paper books have also been filed.

(2.) Mr. D. K. Misra, Additional Standing Counsel, appears for the State. The prosecution case is that Sanatan Pradhan, s/o Kamal Lochan Pradhan, aged 58 years. Upendra Pradhan, s/o Sanatan Pradhan, aged about 18 years, Debendra Pradhan aged about 20 years, s/o Sanatan Pradhan, Jemadei Pradhan, wife of Sanatan Pradhan, aged 48 years and Rabindra Pradhan, s/o Sanatan Pradhan, aged 24 years, all residents of village Basiapada, P. S. Jujumura, District-Sambalpur stood charged with offences under Sections 307 and 302 read with Section 34 of Indian Penal Code for having attempted to commit murder of one Brundaban Pradhan (P.W. 7) and murder of his two sons and one daughter, namely, Sanjib, Rajib and Pravasini aged about 11 years, 3 years and 7 years respectively, in furtherance of their common intention. Sanatan and Brundaban Pradhan are two brothers having title deeds of their lands standing in their names jointly. They were however separate in mess and properties by an amicable partition. Before 27-8-93 accused Sanatan asked Brundaban for the Patta of their lands to procure a loan. The Patta having been with his mother, Brundaban refused to give the same to him. Accused Sanatan was annoyed and declared to cut the members of his family into pieces and ruin his progeny. Brundaban for fear of life, left his ancestral house and stayed in the house of one Keshab Pradhan of his village till 29-8-93. Panchayat meetings were held to decide the dispute between them on 27-8-93 and 29-8-93 and the second day's meeting settled the dispute on compromise in view of the undertaking given by Brundaban to supply a Patta to Sanatan within ten days. At about 8 p.m. of 29-8-93 Brundaban returned to his house with his wife and the three children, the husband and wife holding lanterns, since the apprehension and fear were removed from their mind after the compromise. At their sight, accused Sanatan was flared up and both Sanatan and his wife accused Jamadei Pradhan called out their sons, the other accused, namely, Upendra, Debendra and Rabindra, to cut the family members of Brundaban into pieces and to end his family. No sooner than Brundaban entered his house and asked his children to follow, accused Rabindra, Debendra and Upendra came to him with axes and lathi. Accused Rabindra dealt two blows with his axe on the neck and head of Brundaban and Debendra dealt a blow with his axe on the head of Brundaban. With profuse bleeding wounds on his person, Brundaban grovelled into the nearby house of one Kulamani Budhia and there became senscless. Accused Upendra and Debendra then caught deceased Sanjib, Rajib and Pravasini and accused Rabindra gave axe blows on their necks and other parts of their body. The mother of the said children, P.W. l, stood at the sight being dumb. She screamed aloud and the villagers came there to see the dead bodies of the children. The Sarpanch of the Gram Panchayat getting this alarming news called the police from Jujumura Police Station, P.W. 1 lodged oral report with police on which investigation ensued. After charge-sheet and commitment of the case to the Court of Session, trial of the accused was held.The defence case is however denial of the charges. There is a suggestion that due to long sustained dispute between their respective families they have been falsely implicated.

(3.) Prosecution has examined fifteen witnesses. P.W. 1 is the wife of Brundaban. P.W. 2 is the local Sarpanch. P.Ws. 3 to 5 are the doctors. P.W. 6 is a local person, P.Ws. 10 and 13 are the police constables. P.Ws. 11 and 12 are also local persons. P.W. 14 is the investigating officer and P.W. 15 is the Judicial Magistrate, First Class.