STATE OF ORISSA Vs. DANDAPANI DAS AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) PROSECUTION case is that, on 20.12.1985 at about 8.30 A.M., Accused persons (fourteen in number) being armed with deadly weapons were coming towards the house of Narayan Sahu (hereinafter referred to as "the deceased"). The deceased and his two sons, P. Ws. 1 and 6. on seeing the Accused persons, went to their house and bolted the entrance door from inside. Accused persons broke open that door and thereafter the deceased and his sons entered into the second room (the middle room) of the their house and closed it from inside. Accused persons also attempted to open that door by breaking it and some of the accused persons had also approached the house from the Bari (backyard) side. On seeing this, P. Ws. 1 and 6, concealed themselves in the BHADI, whereas the accused persons from the Bari side took away the deceased by dragging him. P. Ws. 1 and 6 heard the cry of the deceased and sometimes after when everything became silent, they came out and saw that their father was lying in a pool of blood with multiple injuries in the Bari (backyard) of the adjoining neighbour Raghunath Sahu. Around 12.30 P.M.,i.e. shortly after the noon, Officer in -charge of Hinjili Police Station (P.W. 7) arrived in the occurrence village in connection with investigation of another case and then P.W. 1 lodged the report before him verbally. Such report was reduced to writing and treated as F.I.R. Ext. 4. Inquest was held on the dead body of the deceased is the Sari land of Raghunath Sahu as per the inquest report, Ext. 1. The dead body was sent for postmortem examination, Dr. M.P. Sarangi (P.W. 5) of F.M. & T. Department, M.K.C.G. Medical College and Hospital, Berhampur conducted the autopsy and proved the postmortem report, Ext. 3. On 22.12.1985, the Investigating Officer conducted house search and seized some weapons from the house of Accused Dandapani Das under seizure list, Ext. 2. It is noted in Ext. 2 that no family members of that house were present at that time. The weapons seized are in detail mentioned in Ext. 2 Some of them have been marked as material objects.

(3.) TO substantiate the charges, prosecution relied on the, evidence of P. Ws. 1 and 6, two sons and P.W. 2, the widow of the deceased besides the evidence of P.W. 3, a child witness from the neighbourhood as the eye -witness to the occurrence. P.W. 4 is the witness to the seizure. P.W. 5 is the Doctor and P.W. 7 is the Investigating Officer. Documents, which are relevant for consideration from amongst the exhibits, have already been noted. In support of the defence plea of alibi, D.W. 1 Ranka Das was examined and three documents, i.e., the F.I.R. in three G.R. Cases were proved and marked as Exts. A, B and C.