CHAKRADHAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIRTY -four persons were facing trial under Sections 147, 148, 149, 302, 323, 334, 307, 452, 426, 201 and 212 of the Indian Penal, Code and ultimately the Appellant alone was convicted under Section 304, Part I of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years by the Sessions Judge, Puri in Sessions Trial No. 71 of 1974 on 15 -4 -1915 occasioning this appeal.

(2.) THE facts in brief are thus: The members of the accused party belong to the Communist Party of India (M.L.) while the members of the prosecution party to the Congress. There is admittedly one Juvak Sangha run by the accused party. The Appellant is the Secretary and as such a leader of that Juvak Sangha. The prosecution party and most of the accused persons, at least the Appellant, belong to village Tipuri. There is a piece of land measuring 29 cents (plot No. 1151 of Khata No. 252) in Blichak of that village in the neighbourhood of the bustee intervened by a tank caned Samuka. The evidence is that from the extremity of the village, this plot is visible. There seems to be a scramble for possession between these two parties ensued over this piece of land. The Juvak Sangha wanted to have it for their own purpose while the prosecution party, particularly deceased Bauribandhu Mohapatra, wanted to have it for himself.

(3.) THE prosecution examined 19 witnesses and the defence 9. The prosecution filed a registered deed dated 8 -4 -1974 to show how the deceased and 7 others had got permanent lease of the disputed land from p.w. 12 the authorised agent of the land -lord in support of its fact of possession.