BRAMHA BEHERA Vs. STATE

JUDGEMENT

(1.) Bramha Behera (hereinafter referred to as the 'accused') faced trial along with five others, namely, Bibachha Behera, Sribachha Behera, Bishnu Behera, Kishore Behera and Kartika Behera for allegedly having committed offences punishable under Secs. 148/302/149 of the Indian Penal Code, 1860 (in short, 'IPC'). Allegation was that on 6-8-1992 they formed an unlawful assembly add in prosecution of common object committed murder of Bhagaban Pera (hereinafter referred to as the 'deceased') by deadly weapons with which they were armed. Accused-appellant was further charged for commission of offence punishable under Sec. 324, IPC on the allegation that he caused hurt to Jira Pera by means of an axe. Except accused Bramha, others were acquitted by the learned Sessions Judge, Phulbani Accused Bramha was found guilty of offence punishable under Sec. 302, IPC and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two months for the offence punishable under Sec. 324, IPC. The sentences were directed to run concurrently.

(2.) Briefly stated, allegations which led to the trial of the accused are as follows:

(3.) Twelve witnesses were examined to further the prosecution version. PWs 1 to 4 are stated to be eye-witnesses to the occurrence. Except accused-appellant Bramha, others denied their involvement in the alleged incident. Accused-appellant Bramha took the plea that PWs 1 to 3 and deceased being armed with axe, tangi, tangia and lathi went to his house and scolded him while he was tying his cattle in the cattle-shed. When protested, deceased inflicted a blow with a tangi on him, but he warded it off by raising one lathi as a result of which handle of the tangi got broken and the blade portion of it hit him on the nose. During this time, PWs 1 to 3 and the deceased tried to catch hold of him. So in self-defence he picked up a tangi and brandished it, and in the process it might have hit the deceased. One Harihar Naik (DW 1) was examined to further plea of the accused.