KISHORE Vs. STATE

JUDGEMENT

(1.) THE five accused persons - Kamraj Bhola, Kishore alias Iswar Bhola, Abhimanyu alias Baya Padhan, Adikanda Bhuyan and Ganapati Bhola - were charged under Section 302/34 for the murder of Brundaban Bhola by gun-shot firing and also on a charge of criminal conspiracy to commit the said murder by gun-shot firing under section 120B Indian Penal Code. Two accused persons Kishore alias Iswar Bhola and Abhimanyu alias Baya Padhan were both convicted under Section 302 Indian Penal Code and sentenced to death ; the sentences passed were subject to confirmation by the High Court. THE remaining three accused persons - Kamaraj Bhola, Adikanda Bhuyan and Ganapati Bhola - were convicted under Section 302/34 Indian Penal Code and sentenced to imprisonment for life. All the accused persons were also convicted on the charge of criminal conspiracy under Section 120B Indian Penal Code but there was no separate sentence on the said count.

(2.) THE deceased and the accused persons all belong to village Dangapadara, 8 miles from Gangapur Police Station in Bhanjanagar Subdivision of Ganjam District. THE accused Kamraj Bhola aged 54 is the father of Kishore alias Iswar Bhola aged 30. THE accused Ganapati Bhola is said to be distantly related to accused Kamraj Bhola. THE deceased Brundaban Bhola is an agnate of the three Bhola accused persons. THE accused Abhimanyu alias Baya Padhan, a dealer in paddy, is a close neighbour of the deceased and the accused persons. THE accused Adikanda Bhuyan, a cultivator and said to be a dealer in cattle, is also a close neighbour residing close to the backyard (Bari) of the house of the accused Kamraj Bhola, Kishore. THE other two accused persons and the deceased Brundaban Bhola are also close neighbours on the same road in the village - all as appearing from the Spot Map Ext. 29.

(3.) THE other witness who was close to the deceased at the time he was shot from Kamraj's house was P. W. 11 Abhina Bhuyan. On the date of the occurrence at about 6 p. m. he went to the house of P. W. 10 Pravakar with the request to give him one acre of land to cultivate on Bhag; at that time P. W. 10 Pravakar was sitting on the step of his verandah; P. W. 11 started talking with P. W. 10 Pravakar about the land; P. W. 10 asked P. W. 11 Abhina Bhuyan to sit down; hardly P. W. 11 Abhina Bhuyan had taken his seat when he heard two gun-shot sounds, the sound came from the direction of the house of accused Kamraj. Instantly P. W. 11 Abhina Bhuyan noticed that the deceased was falling down from the step of his verandah where he sat, he also found that smoke was coming out of the two holes in the wall of the front house of accused Kamraj, the deceased rolled down from the step and fell down on the Rasta below the step. P. W. 11 Abhina and P. W. 10 Pravakar rushed near the deceased, they found that the accused was lying down with bleeding injuries. P. W. 10 Pravakar directed P. W. 11 Abhina to bring water; so he went into the house of the deceased and brought water; when he came to the spot with water he found that among others P. W. 1 Narsu Bhola had already arrived at the spot. P. W. 11 Abhina further said that then immediately P. W. 9 Padmanav came to the spot and told them then that he (P. W. 9) found accused Iswar (Kishore Bhola) and Baya (accused Abhimmanyu) running away from the front house of the accused Kamraj after firing the guns. THE witness P. W. 11 also said that P. W. 9 told them that he (P. W. 9) saw the two accused running away when he was drying his clothes on the terrace of his house. THE evidence of this witness, substantially in all material particulars, corroborated the evidence of P. Ws. 9 and 10.