BULA MOHANTYAND ANR. Vs. STATE

JUDGEMENT

(1.) THE Appellants Bula Mohanty and Magikhia Gochhayat were tried along with one Nityananda Khuntia by Shri T.V. Rao, Additional Sessions Judge, Puri, for attempting to commit murder of One Ramini Mohapatra by pouring some acid on him on the night of 4 -8 -1954 in the town of Puri with the common intention of committing murder under Section 307/34 I.P.C. Nityananda Khuntia was acquitted and the Appellants were convicted under Section 826184, I.P.C. for voluntarily causing grievous hurt by means of "dangerous weapon" to Ramini Mohapatra with the common Intention of causing such offence and were sentenced to undergo rigorous imprisonment for two years each.

(2.) THE prosecution case is that Ramini Mohapatra, the deceased, who was a leading member of Barabati Jaga in the town of Puri was sleeping on the Choutra under a Bakul tree On the night of 4.8.1954 in the company of Ram Chandra Sahinaik, Gangadhar Mohapatra (P.W. 1) and Narayana Pratihari (P.W. 4) at the Barabati Jaga. It appears that these four persons offered Bhog at the temple in that Jaga that night and partook the same and went to sleep at about 11 P.M. Ramini and Ram Chandra were sleeping on the Choutra under the Bakul tree while Gangadhar (P.W. 1) and Narayan (P.W. 4) were sleeping on the Choutra in front of the Jaga house about 15 to 20 cubits away from the Bakul tree. It is stated that at about 2 -30 A.M. P.W. 1 woke up due to mosquito bite and was sitting on his bed when he noticed that Appellant Bula Mohanty, Nityananda Khuntia and Appellant Magikhia Gochhayat were coming to the place where Ramini was sleeping. There was a lantern burning at that place. The prosecution case is that Bula Mohanty put out the light and in the darkness Appellant Nityananda called "Magikhia to pour". Immediately thereafter, Ramini raised a scream crying "Malo Bapato". Then P.W. 1 Gangadhar roused Narayan from steep and proceeded towards the spot. The accused persons were seen fleeing into the nearby lane on the eastern side. P.W. 4 Narayan who was holding a torchlight went to chase them. Ramini was found Jumping with pains on his body as some acid was thrown on him. He threw away all his wearing, clothes due to extreme pain. P.W. 4 went up to the water tap, focussed the torch and found the three accused persons along with three others Krishna Pratihari, Jamini Mohapatra and one other unrecognised person running away. He raised an alarm calling the neighbours for help, on hearing which Biswanath Patnaik (P.W. 8) and Kasinath Patnaik (P.W. 9) came out other houses and enquired into the matter. P.W. 4 Narayan went in search of a rickshaw to take Ramini to the hospital and on the way he met P. W. 6 Hati Panda at the Hajuri temple who had seen Appellant Magikhia running away. It appears, rickshaw was not available and so Ramini went on foot to some distance and got Into a rickshaw and proceeded to the hospital at about 3 -30 A.M. accompanied by Narayan and Damo Das. It may be noted that a man proceeding to the hospital must necessarily cross the Police Station, both of which are on the main road. Ramini was admitted In to the hospital by Dr. A. Dutta (P.W. 3) for treatment of extensive burns on his body. The Doctor dressed the burns and gave him treatment. At 8 A.M., P.W. 1 Gangadhar lodged information at the Police Station which was made First Information Report (Ext. 6) by P.W. 11 Inspector Shri B.B. Das and a case under Section 324, I.P.C. was registered against the three accused persons. P.W. 11 directed the Junior Sub Inspector Shri S.B. Das (P.W. 12) to hold investigation. The Investigation Officer then gave a requisition for medical examination of the injured Ramini Mohapatra after seeing him at the hospital and proceeded to the spot where he seized one empty Horlicks bottle (M. Order 1) lying near Choutra ill an open condition. He also collected some semi liquid substance sticking at the Choutra in a bottle (M. O. X) for chemical examination, and seized a mat (M.O. II), a pillow (M.O. III), a Lenguti (M.O. IV), two Napkins (M. O. V and M. O. VI), a sacred thread (M. O. VII), a brass bucket (M. O. VIII) and a lantern (M.O. IX) lying on the Choutra as per the seizure list (Ext. 5).

(3.) THE motive for the occurrence is said to be enmity between the deceased Ramini Mohapatra and the accused persons who are all member of the Barabati Jaga. One Nand kumar Sukla (P.W. 7), a brother of the Mahant of Mahiprakash Math was the master of Appellant Bula Mohanty whom he discharged and took the help of the deceased Ramini Mohapatra when Bula Mohanty threatened to extort money from him. According to the prosecution case, Buta Mohanty consequently bore grudge and filed a petition under Section 107, Code of Criminal Procedure on 31 -7 -1954 against Nanda Kumar and this was the immediate case of the occurrence.