DAITARI SUNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Daitari and his five sons who figure as the other appellants stand convicted under section 302 read with section 149 of the Indian Penal Code (the Code, for short) for having committed the murders of Tankadhar Suna and his son Ghasia Suna (to be described hereinafter as the deceased persons) on May 23, 1981 and Ainalasari in the district of Balangir in prosecution of their common object. They have also been convicted under section 148 of the Code for having formed an unlawful assembly being armed with weapons which were likely to cause death. Each of them has been sentenced to undergo imprisonment for life for the first mentioned offence and no separate sentence has been passed in respect of the other offence.

(2.) Briefly stated, the case of prosecution was that bitter blood was the ruling relationship between the deceased persons on the one hand and the appellants on the other owing to previous land disputes and there had been a number of cases disposed of and pending between the parties prior to the date of occurrence. While the deceased persons were on their land, the appellants went armed, four of them having sharp cutting instruments and two of them having lathis in their possession and all of them assaulted the deceased persons to death on the spot. This occurrence had been witnessed by P.Ws. 3 and 4 who had lands nearby and they informed the co-villagers about what they had seen.

(3.) On the basis of the first information report (Ext. 3) lodged by P.W. 6, investigation was taken up and on its completion, a charge-sheet was placed and the appellants were prosecuted.