PANCHANAN ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment dated 28th February, 1990 passed by learned Sessions Judge, Balangir in Sessions Case No.54/1989 convicting the appellant of the charge under Section 304 Part-II of the I.P.C. and sentencing him to under go R.I. for two years thereunder is assailed in this Crl. Appeal.

(2.) The criminal action was set in motion on the basis of an F.I.R. filed by Laxman Bhoi, P.W.2, at Singdhol Police Station in the district of Balangir. On the basis of the said F.I.R. G. R. Case No.27/1989 was registered in the Court of J.M.F.C., Biramaharajpur against appellant and one Nepal Bhoi, for alleged commission of offence under Section 302 read with Section 34 of the I.P.C. for having committed the murder of Chandrahasya Bhoi in furtherance of their common intention. In the F.I.R. it was alleged that on 12.4.1989 the said Chandrahasya Bhoi along with Panduru Bhoi @ Pandaba, P.W.1, had been to "Dhama" to repay some loan amount. Both the said persons left their village in the morning, but then did not return till late night. It was alleged that while Chandrahasya and Pandaba were returning to their village in the evening in between Village "Hood" and "Mundamahul", they met accused-appellant (Panchanan Acharya) who was travelling in a bicycle. Panchanan on seeing them got down from the bicycle and abused Pandaba, P.W.1, had gave two slaps to his check. When Chandrahasya challenged and protested, the said accused-appellant dealt two fist blows on his chest and thereafter shouted and called his field servant Nepal Bhoi and Others and they assaulted Chandrahasya. It was further alleged that Pandaba fled away from the place out of fear and waited for some time at a distance. He noticed Chandrahasya walking slowly towards him holding the bicycle. He was severely injured and was unable to walk-properly. It was further alleged that some how or other Chandrahasya managed to walk up to Pandaba and sat down near a mango tree and Pandaba came to village Brahmanipali at about mid-night called Laxman Bhoi, the father of Chandrahasya, and informed him about the incident. Thereafter, Laxman Bhoi, P.W.2, Banka Bhoi, P.W.3 and Paramananda Bhoi, P.W.4 came along with Pandaba to the place where Chandrahasya was taking rest. On being asked Chandrahasya told his father that Sarpanch-Panchanan hazd assaulted him by fist blows and kicks, as a result of which he sustained injuries. Chandrahasya thereafter was brought to the village and the matter was reported at the Police Station. Sri Bijaya Kumar Pradhan, P.W.6, the A.S.I. of Sindhol Police Station took up the investigation. He sent the injured to Ullunda Hospital for treatment and left for village Hood. Unfortunately on his way to Hospital, Chandrahasya succumbed to the injuries. The A.S.I. held inquest over the dead body, prepared the inquest report in presence of witnesses and sent the dead body to Binka Community Health Centre for post mortem.

(3.) While matter stood thus Sri Braja Kishore Mohanty, P.W.7, took up investigation from P.W.6. He seized the wearing apparels of the deceased, prepared the seizure list, examined witnesses, visited the spot, prepared the spot map and arrested both the accused persons. After investigation charge sheet was submitted and the case was committed to the Court of Session.