RUPANANDA BAG AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANTS have been convicted for commission of offence under Sections 302 and 34 of the Indian Penal Code by the Learned Additional Sessions Judge, Jharsuguda in Sessions Trial Case No. 28/2 of 2000 and sentenced to imprisonment for life.

(2.) CASE of the prosecution, as revealed from the F.I.R., is that P.W. 9, the informant, received information on 10.07.1999 at about 1.00 p.m. from one Janma Ranbida of village Naxapalli that his brother -in -law Judhistir Bag has been killed. After receipt of such information, he along with one Ganesh Gardia proceeded to village Naxapalli and found the deceased lying dead in front of the house of Appellant Bipin Bag. They also found profuse bleeding from the head and both the legs had been severed from body. After ascertaining about the incident from P.W. l, wife of the deceased, P.W. 2, the sister -in -law of the deceased, P.W. 3, the brother of the deceased lodged F.I.R. at Laikera Police Station. It is alleged in the F.I.R. that P.Ws. 1 and 3 disclosed before the informant that on the date of incident, deceased along with P.W. 3 was returning from field. P.W. l was sitting on the verandah of their house. At that time Appellant Rupananda Bag dealt a 'Barshi' blow on the head of the deceased and thereafter Appellants Bipin Bag and Bhimsen Ranbida cut the legs of the deceased by means of axe and 'Farsa', as a result of which the deceased died on the spot. On the basis of such report, investigation was taken up by P. W Section 8 and 10 and charge -sheet was filed for commission of offence under Sections 302 and 34 of the Indian Penal Code.

(3.) PROSECUTION , in order to prove the charges, examined ten witnesses, whereas the defence examined three witnesses. The Trial Court on analysis of the evidence led before the Court, came to a finding that the deceased died a homicidal death and that all the Appellants participated in assaulting the deceased and that the right of private defence taken by the Appellant Bipin has not been proved so also the plea of alibi of the other accused. On the above finding the Trial Court convicted all the three Appellants for commission of offence under Sections 302 and 34 of the Indian Penal Code.