PALAU MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of conviction passed by the learned Sessions Judge, Dhenkanal in S.T. No.4/A of 1987 convicting the appellants under Section 304(1) I.P.C. and sentencing them to undergo rigorous imprisonment for thee years is assailed in this Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure.

(2.) According to the prosecution case the dispute started with regard to possession of a piece of land bearing Plot No.1042/1962 of village Machhakuta having an area of Ac.0.6 decimals. Th said land originally belonged to one Gua Bewa who had sold the same to Geneswar Pradhan - P.W.1, Khatrabasi Sahu and deceased Dharanidhar Pradhan in the year 1981 by a registered sale deed. Thereafter, it is alleged that on the basis of the said sale deed, record-of-rights was issued in favour of the purchasers, who after purchase possessed the said land and cultivated paddy in the year 1986. On 22.11.1986 at about 11.00 A.M./12.00 noon Ganeswar Pradhan-P.W.1, the deceased Dharanidhar Pradhan and their field servant Mitu Sahu - P.W.9, Sibaram Sahu -P.W. 10 had gone to harvest the paddy from the said land. After cutting the same and making bundles they loaded in a cart. At that juncture of time, it is alleged, accused Palau Majhi-appellant No.1 and Nimai Charan Majhi, appellant No.2 came over the land with lathis and challenged and obstructed the deceased and other from carrying the paddy. When there was resistance, appellant Palau Majhi dealt a lathi blow on the head of Ganeswar Pradhan - P.W. 1 and appellant Nimai Charan Majhi rushed towards Dharinadhar Pradhan chased him to the land of Ananta Bhoi. By that time, it is alleged, appellant Palau Majhi also joined him and both the appellants assaulted Dharanidhar Pradhan with lathi all over his body. As a result of such assault Dharanidhar Pradhan fell down on the ground. Thereafter the appellants fled away. Ganeswar Pradhan went to Dharanidhar Pradhan and found him gasping. So he carried him to Pitabali Thakurani Pidha but by then Dharani had already succumbed to the injuries. Ganeswar Pradhan went to Chhendipada P.S. and lodged F.I.R. - Ext.11. The A.S.I. of Chhendipada P.S. P.W.13 recorded the F.I.R. sent the injured Ganeswar Pradhan for medical examination. The O.I.C. of Chhendipada P.S. P.W.12 went to the spot, and took charge the investigation. He seized the blood-stained earth and one bamboo lathi under seizure list Ext.12. He held inquest over the dead body in presence of witnesses and sent the same for post mortem examination. He examined witnesses, seized the paddy bundles, arrested the appellants and forwarded them to Court.

(3.) The plea of the appellants was that the disputed land originally belonged to one Gua Bewa who had sold the same to Neta Majhi, the father of the appellants, in the year 1965 and since then they were in possession thereto exercising their rights by paying land rent, raising paddy, etc. In the year of the alleged occurrence they had raised paddy and on the date of occurrence though paddy was not ripe, P.W.1 and the deceased along with P.Ws.9 and 10 their field servants came over their land and cut the paddy. They were armed with deadly weapons. When the appellants protested, a tussle ensued. The prosecution party attacked them with deadly weapons. They having raised alarm, many persons came rushing to the spot and there was a mutual fight. While the deceased tried to run away he slipped and fell down on the stony ridges on the Pidha of Pitabali Thakurani sustaining injuries by the fall and succumbed to that. It was also pleaded that the informant might have sustained certain injuries during the melee.