ISRAN BARIHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The three appellants Isran Beriha, Sadarsingh Bariha and Sundarsingh Bariha (hereinafter described as "accused") were tried for commission of offences punishable under Sections 302/34 and 201/34 of the Indian Penal Code, 1860 (in short, 'I.P.C.'). They faced trial for allegedly having been responsible for the death of one Amarsingh Bariha (hereinafter called the "deceased").

(2.) Prosecution version sans unnecessary details is as follows : On 28-9-1990, at about 7 a.m., the accused appellants throttled the deceased in Pipisorar jungle. Bansilal Bariha (P.W. 1) lodged information at the Jonk Police Station indicating inter alia, that on return home at midday, his mother told that his father, the deceased, had gone out but had not returned for a long time. Being apprehensive that some danger had befallen his father, he and his younger brother Ganesh Bariha went out to search for their father. They searched at different places and ultimately found the ridges of their land known as Tipisorar had been cut and a fishing net belonging to their father was lying there. Many footprints were noticed by them in the paddy fields and dragging marks were also there. Following the marks they went inside the jungle and found the dead body of their father. It was about 5 p.m. in the evening. They told the villagers about the death of their father. The matter was reported at the police station by P.W. 1 who stated that he doubted the involvement of accused Isran and his sons, the other two accused persons.

(3.) Seventeen witnesses were examined to further the prosecution case. The accused persons pleaded innocence. Case of the prosecution rested on circumstantial evidence. The circumstances highlighted were:-