DANDAPATI LABA AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument and the judgment is as follows:

(2.) ORDER of conviction passed by Learned Sessions Judge, Ganjam Gajapati, Berahmpur in Sessions Case No. 340 of 1996 is under challenge in this Jail Criminal Appeal preferred by two out of three accused persons, who faced their trial.

(3.) ADMITTEDLY , the deceased was a Gramaraskhi in Nuapada Outpost. On 1.12.1995, he left his house with the intimation to his family members that he was going to attend the new year's feast at the Outpost. He did not go to the Outpost to participate in the feast organized by the accused persons. Jagili Sahu (P.W.9) also participated in that feast. According to the case of the prosecution, accused persons with a pre -concerted mind committed murder of the deceased by inflicting injuries with the use of Tangi and Kati. Efforts, of P.W. 9 to intervene were done away with by giving him threatening. Death of the deceased could be detected on recovery of the dead body from the well of one Sashi Pradhan. Investigation was undertaken on the basis of the F.I.R. lodged by the widow of the deceased namely, Dandapati Chanchala, P.W. 5. She alleged that accused. Pravakar Sahu and the people belonging to Sundhi caste in the locality were doing business of illicit liquor and the deceased had cautioned them and therefore, they were bearing grudge and that accused Pravakar Sahu Gandu Sahu and brother -in -law of Pravakar Sahu were suspected to have committed the murder. In course of the investigation, the dead body was sent for postmortem examination after the inquest and in view of the opinion of the Doctor that the death of the deceased is homicidal due to ante mortem injuries, the further investigation was conducted and statements of P. Ws.8 and 9 under Section 164 Code of Criminal Procedure. were recorded and the accused persons were roped in and charge -sheeted for the above noted offences. In course of the trial, accused persons denied to the charge and claimed for trial.