BANSHIDHAR PADHAN AND TWO ORS. Vs. THE STATE

JUDGEMENT

(1.) THE accused -Appellant Bansidhar Padhan along with his brother accused -Appellant Satruka Padhan and son accused -Appellant Purna Chandra Padhan, was charged in connection with an incident at village Nahabada, P.S. Champakpur; district Keonjhar, in the course of which the accused -Appellant Purna Chandra Padhan fatally injured his uncle (father's brother) Kalakar Padhan. All the three Appellants were convicted under Section 323 Indian Penal Code. Banshidhar was sentenced to six months rigorous imprisonment. Satruka and Purna Chandra were each sentenced to undergo rigorous imprisonment of two months. The accused -Appellant Purna Chandra Padhan was also convicted under Section 302 Indian Penal Code for the murder of the deceased Kalakar and sentenced to undergo life imprisonment; the two sentences to run concurrently.

(2.) THE Appellants, the deceased and the eye -witnesses p.ws. 1, 6 and 7 who themselves were the victims of the incident, were all members of the same Padhan family. The motive of the assault is said to be some quarrel over the engagement of a common servant p.w.2, Champei Munda.

(3.) THE complainant party did not lodge any information before the Police; it was only on July 21. 1964. at 8.30 p.m. -that is two days after the incident -that the Civil Surgeon, Keonjhar. (p.w.4) who held the post -mortem examination sent a report which was treated as F.I.R. on July 23, 1964. In due course, after Police investigation the accused -Appellants were charged, committed and sent up for trial before the learned Sessions Judge who convicted and sentenced them as aforesaid.