BHASALA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants in the two appeals have been convicted under Section 302 read with Section 34 of the Indian Penal Code (for short, the Code) and sentenced to undergo imprisonment for life for having committed the murder of Same Singh (to be described hereinafter as the deceased) on October 8, 1980, in furtherance of their common intention, by means of a lathi (M.O. I) by causing injuries sufficient in the ordinary court of nature to cause the death, as testified by the doctor (P.W. 1), who had conducted the autopsy.

(2.) The finding recorded by the trial court that the death of the deceased was homicidal in nature has not been assailed at the hearing. The learned counsel for the appellants have contended that the evidence of P.Ws. 7 and H, who have figured as the witnesses to the occurrence, is not wortby of credence and the other evidence would not point to the guilt of any of the two appellants. The learned Additional Government Advocate has supported the order of conviction as well-founded.

(3.) It would be seen from the evidence of P.Ws. 3 and 4 that there had been enmity bet when the appellant Raja and his nephew Bhasaa, who figures as other appellant, on the one hand and the deceased on the other as the latter had alienated the share of the mother and had appropriated sale money to himself. There had been a proceeding under Section 107 of the Code of Criminal Procedure between the parties.