UMESH PANI AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant no.1 Umesh Pani, appellant No.2 Jatia Parida and appellant No.3 Dharanidhar Pani faced trial in the Court of learned Sessions Judge, Dhenkanal in S.T. Case No. 62-D of 1987 for the offence punishable under sections 302/34 of the Indian Penal Code on the accusation that on 19.02.1987 at about 7.00 p.m. at village Nayasiaridoli, they committed murder of Budhimanta Parida (hereinafter 'the deceased') by assaulting him with lathis in furtherance of their common intention. Appellant no.3 Dharanidhar Pani was further charged under section 323 of the Indian Penal Code for voluntarily causing hurt to one Gobinda Parida by assaulting him with lathi.

(2.) The prosecution case, as per the First Information Report (Ext.1) lodged by Laxman Parida (P.W.1) before the officer in charge, Bhuban Police Station is that on 19.01987 his father Satrughna Parida had been to his groundnut field situated in Mouza Gopalpur where he found that somebody had uprooted the groundnut plants. Suspecting that somebody had committed theft of the groundnut plants, Satrughna Parida abused in general but appellant no.1 Umesh Pani who was present at the spot thought that Satrughna Parida was abusing him. Accordingly, he protested and during quarrel between the two, appellant no.1 gave slaps to Satrughna Parida. The deceased who was the elder brother of the informant had been to Bhuban and he returned home in the evening hours and came to know about the quarrel between his father and appellant no.1. Accordingly, the informant and the deceased proceeded to the house of appellants and challenged appellant no.3 Dharanidhar Pani, father of appellant no.1 as to why appellant no.1 assaulted their father without any fault. All on a sudden, all the three appellants assaulted the deceased by means of lathis on different parts of his body including head, as a result of which he fell down on the ground sustaining bleeding injuries. Appellant no.1 Umesh Pani also assaulted the informant on his head as a result of which he also sustained bleeding injury on the head. Gobinda Parida, who had been to the spot tried to separate the parties was also assaulted by appellant no.3 Dharanidhara Pani on his hands by lathi for which he sustained swelling injuries. It is stated in the F.I.R. that the co-villagers namely, Radha Mohan Sarangi (P.W.4), Mayadhar Parida (P.W.2) and Gobinda Parida had seen the occurrence.

(3.) After observing due committal formalities, the case of the appellants was committed to the Court of Session for trial where the learned Trial Court framed charge against the appellants on 27.09.1988 and since the appellants refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.