STATE OF ORISSA Vs. SIMANCHAL GOUDA

JUDGEMENT

(1.) Judgment of the learned Second Additional Sessions Judge, Berhampur directing acquittal of eight respondents (hereinafter referred to as 'the accused' by name) is the subject-matter of challenge in this appeal by the State.

(2.) Accusations which led to trial of the accused essentially are as follows :On 14-3-1982 accused Simanchal Gouda, Bhagaban Gouda, Bhima Gouda, Rama Gouda and Burunda Gouda went to the house of Kantaru Naik (hereinafter referred to as 'the deceased') of village Jalameripalli and dragged him to village Dherendi. On the way they were assaulting the deceased by slaps, fist blows and kicks. After they reached village Dharendi, accused Gandu, Burunda and Jadu joined them, and assaults continued by all the eight. Deceased was tied to a pole by means of a rope, and was asked whether he had received any training in witchcraft from Bhima Gouda (P.W. 10). When the deceased denied to have received any such training, they took him to the threshing floor of accused Jadu and assaulted him there. Again enquiry was made about the training. Being afraid of further assault, deceased implicated Bhima saying that he had received some training in witchcraft from P.W. 10. After this, accused Bhima Gouda, Rama Gouda and Bhagaban Gouda went to the house of Bhima Gouda (P. W. 10), and brought him to the threshing floor forcibly. Thereafter Tabatia Gouda and Gandu Panda, P.Ws. 2 and 3 respectively arrived at the threshing floor and advised the accused persons to go to village square to settle the dispute. So the accused persons brought the deceased and P. W. 10 to the village square where a meeting was held. On hearing about such acts of assault on the deceased, his wife (P.W. 4) and daughter (P. W. 1) came to the spot but returned to their village, when it became dark. In the meeting the accused persons made the deceased to write an undertaking to the effect that he will be responsible for any witchcraft practised in future in village Dherendi, said undertaking is contained in Ext. 1. In the night the accused persons entered into the house of Bhima (P.W. 10) forcibly and tried to assault him, but P. W. 10 managed to escape and went away from his house through the back-door to village Bhimagiri. From there he tried to go to Pattapur Police Station on the next day, but could not do so as he missed the bus. He got the first information-report (Ext. 11) written by a school student on 15-3-1982, and on the next day at about 9 p.m. handed over the same to Shri K. Bhima Rao. A.S.I. of Police of Pattapur Police Station (P.W. 13). On receiving said report, P.S. Case No. 21 of 1982 was registered, and investigation was undertaken. On the next day morning, the wife and the daughter of the deceased came to village Dherandi along with four of their co-villagers, and carried away the deceased, who was lying on the verandah of one Gonia Naik to their own village. Rahesa Naikani, wife of the deceased along with the deceased wanted to go to Pattapur Police Station to lodge the information, but they came back as there was none to help them. Rahasa got her husband admitted into Bhiamagiri Hospital on 17-3-1982. As his condition became serious, his dying declaration was recorded on 19-3-1982 vide Ext. 7 by the attending Doctor. Deceased breathed his last on 19-3-1982. After the investigation was over chargesheet was submitted against the accused personsfor commission of offences punishable under Ss. 147, 342, 302, 452 read with S. 149 of the Indian Penal Code, 1860 (in short, 'IPC' ). The accused were committed to the Court of Session to face trial. They were charged for commission of offences punishable under Ss. 147, 302, and 452 read with S. 149, IPC by the learned trial Judge.

(3.) The accused persons pleaded innocence and faced trial.