SUBASH CHANDRA SAHU Vs. STATE

JUDGEMENT

(1.) This appeal has been filed from jail by the accused-appellant SubashChandra Sahu against the judgment and order of the Sessions Judge, Mayurbhanj, at Baripada, in S.T. Case No. 39 of 1992.

(2.) Six accused persons were booked for trial, namely, Subash Chandra Sahu, Natha Majhi, Laba Murmu, Biranchi Mohanta, Hari Charan Sahu and Radhaballav Sahu. Accused Subash Chandra Sahu, Natha Majhi, Laba Murmu and Biranchi Mohanta were charged under Sections 302, 323 read with Section 109 of the Indian Penal Code. The Sessions Judge by the impugned judgment and order acquitted accused Laba Karma, Natha Majhi, Hari Charan Sahu and Radhaballav Sahu. However, he found accused Subash Chandra Sahu, the present appellant and Biranchi Mohanta guilty under Section 302 and 323 I.P.C. respectively and convicted them accordingly. The Sessions Judge sentenced accused-appellant Subash Chandra Sahu to undergo R.I. for life and accused Biranchi Mohanta to undergo R.I. for a period of one year. Hence, the present appeal by the accused-Subash Chandra Sahu from the jail.

(3.) According to the prosecution, accused Radhaballav Sahu had a shop of essential commodities at village Soso and as there were some irregulaties, the deceased Sankarlal Sahu along with other villagers filed a complaint before the authorities against him and as a result the licence of the shop of the accused Radhaballav Sahu was cancelled. Accused-appellant Subash Chandra Sahu and his brother accused Radhaballav Sahu were aggrieved by the action of the deceased Sankarlal Sahu and other villagers. Therefore, they prepared a plan to take revenge on the deceased Sankarlal. According to the prosecution, in the evening of 9-11-1991 accused Hari Charan Sahu and Radhaballav Sahu asked the other accused persons to do away with the life of the deceased Sankarlal on the very night. At about 8.30 p.m. the deceased Sankarlal with his friends, namely, Sasidhar Sahu (P.W. 6), Manaranjan Das (P.W. 2) and Kuanr Munda (P.W. 3) were returning from village tank and when they were at the road crossing of the village Soso accused persons Subash Chandra Sahu, Laba Murmu, Natha Majhi and Biranchi Mohanta suddenly attacked Sankarlal. According to the prosecution, accused Biranchi was holding a stick and others were holding an axe each. The prosecution alleged that the accused-appellant Subash Chandra Sahu dealt an axe blow on the head of the deceased Sankarlal causing bleeding injury whereafter the deceased fell down. When Kuanr Munda tried to intervene, accused Biranchi Mohanta dealt one stick blow on his hand. Manaranjan ran away to inform the matter to the relations of the deceased and in the meantime accused-appellant Subash Chandra Sahu dealt another blow with the axe on the head of the deceased Sankarlal. Thereafter, Laxmidhar and Kuanr Munda raised hullah and the villagers came but the accused persons fled away. The deceased was taken in a truck by Manaranjan and the brother of the deceased to Bahalda hospital where he was declared dead. Thereafter, Bishnu Charan Sahu and others went to the police station and lodged the F.I.R. The police took up investigation and submitted the charge-sheet.