RAGHUNATH DAS AND 2 ORS. Vs. THE STATE

JUDGEMENT

(1.) THE incident out of which this appeal by, the three accused - Appellants Raghunath Das, Sapani Samal and Lambodar Samal arises, was out of a quarrel that took place on June 26, 1963 between the rival parties in village Dinabandhupur of Dhenkanal District over giving of paddy loans from out of the common stock of paddy (Deshkoth fund) under the management of the Marfatdar Lingaraj Panda. In the course of that quarrel there was a shuffle between the two rival parties as a result of which injuries were sustained on both sides and one of the members of the prosecution party Maheswar Bhoi died as a result of the assault made by the accused -Appellant Raghunath Das. The prosecution party was led by p.w.1 Kambhunath Sahu and p.w.2 Purushottam Panda, and the accused -party was led by the accused -Appellant Raghunath Das and Jagabandhu Mohapatra who, however, was not charged in connection with the incident.

(2.) ABOUT 10 to 15 clays before the date of occurrence, the Marfatdar Lingaraj Panda who was in charge of Deshkoth paddy refused to advance paddy loans from the Deshkoth fund to some members of the prosecution party; this is said to be at the instance of the accused -Appellant Raghunath Das and Jagabandhu Mohapatra. There appears to have been some resentment over this refusal of paddy loans to a particular section of the village. It is said that the prosecution party put a lock at the door of the granary of the Deshkoth house, in order to prevent the members of the accused party taking paddy loans from the Deshkoth fund.

(3.) ON the same day, at 2 p. m. the leader of the prosecution party Kambhunath Sahu (p.w.1) lodged an information at Bhapur Outpost on the basis of which the police made a station dairy entry; the police also seized a bamboo lathi (MO. 1) produced by the informant p.w.1. On the same day at about 3 p.m. a counter information was also filed by accused Routra Samal on the basis of which another station dairy was made. The formal F.I.R. lodged by p.w.1 Kambhunath Sahu was recorded at 3 p.m. on June 27, 1963 at Sadar P.S. 13 miles away from the village of occurrence. There, the names of all the 17 accused persons including the three Appellants were mentioned. In the course of investigation, the police arrested accused. Appellants Raghunath Das and Sapani Samal on June 29, 1963 ; they also arrested accused -Appellant Lambodar Samal on July 29, 1963.