APARTI SAHU AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellants in all the four Criminal Appeals have been convicted for commission of offence under Ss. 302 and 34 of the Indian Penal Code by the Learned Sessions Judge, Dhenkanal -Angul Dhenkanal in Sessions Trial Case No. 100 -D of 1994 and sentenced to imprisonment for life.

(2.) All the Appellants faced trial for charge under Sec. 302/34 of the Indian Penal Code for committing murder of one Sudhakar Maharana to settle old score in the evening of 11.03.1994 at Siminoi bus -stand on the National Highway No. 42 situated at a distance of about 5 kms. from Sadar Police Station, Dhenkanal.

(3.) Case of the prosecution is that Siminoi bazar consists of several shops on both sides of National Highway No. 42 close to Siminoi village and most of the shop -keepers are the villagers of Siminoi. Appellants and the deceased are also residents of the said village. The deceased and the Appellants were not pulling on well, since the deceased was opposing the illegal and anti -social activities of the Appellants. Such ill -feeling aggravated when the Appellants attempted to get one of their friends namely Arjuna Maharana married to the daughter of one Sesadev Maharana (P.W.8), but such proposal could not succeed and the daughter of the said Sesadev Maharana married to the nephew of the deceased. It is alleged by the prosecution that in order to settle the old score, all the Appellants decided to kill the deceased, and according to their plan, on 11.03.1994 at about 7 to 8 p.m. when the deceases was returning from the bus -stand, near a culvert the Appellants, who were waiting there, suddenly started assaulting on him with deadly weapons like sword, 'Bhujali' and 'Farsa' and because of such assault the deceased fell down near the culvert in the earthen portion of the Highway. The scream and shriek of the deceased attracted attention of few shop -keepers, and out of fear they closed down their shops and left the place. Pradeep Maharana (P.W.6), a nephew of the deceased, who was returning back from the bazar and going ahead of the deceased, having heard the scream of the deceased, returned back and found the deceased lying on the side of the road with bleeding injuries on his head, hand, legs and when he rushed to the deceased, he was asked for water by the deceased, and the deceased also disclosed before him that the Appellants namely Bibhuti, Mathura, Bansi, Aparti and Pranabandhu to have assaulted him. By that time another nephew of the deceased, i.e., Antaryami (P.W.5) also arrived at the spot. Deceased also made a dying declaration before him. Thereafter the deceased was taken in a trekker to the District Headquarters Hospital, Dhenkanal, where he was declared dead. P.W. 3 is the elder brother of the deceased. At the relevant time he was in his photo studio at Gadasila at a distance of one and half kilometers from Siminoi. He was informed about the incident by his son. He came back immediately and learnt about the incident and also rushed to the hospital to see the deceased, and on the way he lodged the F.I.R. at Sadar Police Station. By the time he arrived at the hospital, the deceased had already been declared dead. Immediately after lodging the F.I.R., investigation was taken up, Appellants were arrested after passage of some time and on completion of investigation, charge -sheet was submitted for commission of offence under Sec. 302/34 of the Indian Penal Code against all the Appellants. The plea of the Appellants is one of denial.