BRUNDABAN SWAIN Vs. STATE

JUDGEMENT

(1.) THE 22 appellants along with 12 others were tried by the Additional Sessions Judge, Puri on Charges for committing rioting punishable under Section 147, I. P. C. , and for being constructively liable of culpable homicide not amounting to murder punishable under Section 304 read with Section 149, I. P. C. in causing the death of Satia Behera and some of them were individually charged for voluntarily, causing hurt to Gatia Behera, Banchha, Behera and Hadu Behera punishable under Section 323, I. P. C. on 20-10-54. Two of the accused died before trial and ten persons were acquitted by the learned Sessions Judge and all the appellants were convicted of the offence punishable under Sections 147 and 304/149, I. P. C. and were sentenced to rigorous imprisonment for two years each under Section 147, I. P. C. and appellants Benu. Swain, Udayanath Swain and Upendra alias Rupa Swain were sentenced to five years' rigorous imprisonment under Section 304/140, I. P. C. and the rest of the appellants to rigorous Imprisonment for three years each under the said section. Appellants Kanga Behara, Dhania Be-hera, Balia Behera, Linga Padhan, Upendra alias Rupa Swain, Punia Behera and Jahan Jena were found guilty under Section 323, I. P. C. and sentenced to rigorous imprisonment for six months each. The sentences of all the appellants under all the charges were directed to run concurrently.

(2.) THE prosecution case is that on 20-10-54, the accused persons belonging to Kanti and two of them to Chaingailo and Garh-Karamala along with several others about 150 persons went armed with Tadas, sickles and Kuntas to forcibly reap the paddy grown by Amareswar Swain, Amareswar Behera, Dhabala Parida, Chaitan Behara and Satia Behera of Karamala, Accused Brundaban Swain, Kulamani Rai and Jagabandhu Patra were the leaders who ordered their party to cut the paddy. While the paddy was being cut from the disputed fields locally known as Keutabari Chak, the deceased Satia Behera who was driving cattle to the company of his brother Gurubari Behera (P. W. 1) noticed the occurrence and protested as to why his crops were being reaped. Then accused Brundaban, Kulamani and Jagabandhu gave orders to beat Satia Behera. Prabhakar Rai assaulted him with a lathi when Satia ran away out of fear. The leaders asked their men to stop him and beat. Then accused Benu Swain, Udayanath Swain, Kanga Padhan, Lakshman Padhari, Panchu Swain, Gandharba Swain, Jahan Jena, Linga Padhan, Dinabandhu Parida and Nabina Parida surrounded Satia Behera and assaulted him. Accused Benu Swain-hit him on the left ear with a lathi while Rupa Swain pierced a Kunta into his jaw and the rest assaulted him on different parts of his body. Satia Behera fell down senseless. Gurubari ran home out of fear and raised an alarm on the way calling his brother for help when Gatia Behera (P. W. 4) who was weeding in his Saru field ran there followed by his father Banchha Behera (P. W. 5 ). When they protested, they were also assaulted by the accused persons. Accused Nabin, Linga and Jahan beat Gatia with Tadas causing head injuries when he fell down senseless. Banchha was assaulted by lathis by Linga Padhan and Ball Behera resulting in his fall. Hadu Behera (P. W. 22), the uncle cf the deceased went there on hearing the alarm and he went back out of fear. The accused persons carried away the paddy sheaves after which P. W. 1 went to the spot accompanied by Radha Parida (P. W. 8), Gouranga Parida (P. W. 25) and Amareswara Swain (P. W. 31) and removed the injured Satia Behera in an unconscious state to the Danda of Amareswar Swain. He was bleeding from his wounds on the Jaw and through the mouth and the nostrils. They removed also Banchha Behera home. Satia Behera was carried to Gop Hospital in a Sabari supplied by Bauribandhu Misra (P. W. 3) and admitted into the Hospital in a comatose condition by the Medical Officer (P. W. 7 ). , In the meanwhile, Gurubari Behera lodged the F. I. R. (Ext. 2) at 8 p. m. , by submitting a written report to the Writer Constable (P. W. 34) who made a station diary entry (Ext. 19} and sent requisition for medical examination of the injured. The A. S. I. (P. W. 35) after returning to the Police Station took up the Investigation. Satia Behera died at about 3 a,m. which was reported by the Doctor under Ext. 4- P. W. 10. held the post-mortem examination on 22-10-54 and in the opinion of the Medical Officer injury No. 1 might have been caused by a pointed triangular shaped weapon like a Kunta or Tenta, injuries Nos. 3, 4 and 5 might have been caused by sharp cutting instruments like Da (Sickle), and injuries Nos. 2 and 6 might have been caused by hard blunt weapon like lathi. The Medical Officer opined that death was due to shock and haemorrage as a result of the injuries in question. The other P. Ws. who received injuries were also medically examined and their injuries were noted in Exts. 5 to 9. Lathis (M. Os. II to XVI) were seized from the houses of the accused Upendra Swain, Udayanath Swain, Lakshman Padhan, Brundaban Swain and Dinabandhu Swain. On 11-11-54, the Investigation Officer seized paddy sheaves from the Khamar of Baidyanath Chinara (P. W. 26) who is the landlord of the disputed lands as per seizure list (Ext. 27) as also some account books (Ext. 15 series) from the landlord.

(3.) A counter case also was started for the same occurrence on the report of the accused Brun daban Swain producing the injured Somanath Das at Gop P. S. who also died the same night. The Karamala people consisting of P. Ws. 3, 4, 8, 22, 23, 24, 25, 20, 31 and 33 are some of the accused in that case which was simultaneously in vestigated with the present case. It may be noted that all the accused in the counter case were ac quitted.