KHARA LOCHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants stood charged under S. 302 read with S. 34 of the Indian Penal Code ('the Code', for short) for having committed the murder of Khara Achuma (hereinafter described as 'the deceased') in furtherance of their common intention on Sept. 4, 1981 and under S. 201 read with S. 34 of the Code for having caused the evidence of murder to disappear in order to screen themselves from legal punishment. It was alleged that on the date of occurrence, while the deceased, the appellants with an absconding accused and P.W. 5 were returning from the market, they took, some liquor on the way and thereafter a quarrel ensued between the appellant Khara Locha and the deceased, his brother, over the cultivating possession of a piece of land whereafter the appellant Khara Locha dealt a blow on the head of the deceased who fell down and was assaulted by the other appellants and the absconding accused which resulted in his death. The appellants, it was alleged, tied the dead body and threw it into a river so that the evidence of commission of murder would disappear and this had been done to screen themselves from legal punishment.

(2.) To bring home the charges, the prosecution had examined sixteen witnesses of whom, P.Ws. 4, 5 and 12 had figured as witnesses to the occurrence. P.W. 5 is. the cousin of the appellant Khara Locha and the deceased. The appellant Pangi Poi is the father-in-law, the appellant Pangi Madana is the grand-father-in-law, and the appellant Khara Locha is the cousin of the deceased. Mainly relying on the evidence of P.Ws. 4, 5 and 12, the learned trial Judge has held that both the charges have been substantiated.

(3.) The finding of the trial Court that the death of the deceased was homicidal in nature has not been assailed on behalf of the appellant.