MADHAB CHENDA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants were accused persons in Sessions Case No. 19 of 1999 of the Court of the Additional Sessions Judge, Malkangiri (S.C. No. 198/96 of the Court of Sessions Judge, Koraput -Jeypore) arising out of G.R. Case No. 11 of 1996 of the Court of the S.D.J.M., Malkangiri. They have challenged the order of conviction for the offences under Ss. 148, 302,323/149 Indian Penal Code.

(2.) Raghu Khora is the deceased. He along with Padom Khora (P.W.5) was participating in DHEMSA NACHHA (tribal drums) on the occasion of PAUSA PARBA i.e. on 05.01.1996. Accused persons were also participating in that celebration. Deceased Raghu Khora was playing the DRUM whereas P.W. 5 was blowing the MOHURI. At about 4.00 P.M. the deceased wanted to depart from that celebration together with P.W. 5 so as to go to another village to play DRUM and MOHURI having received advance money for that purpose. The accused persons resisted that request and apprehending danger to him when the deceased came out he was chased by the accused persons. The deceased entered into his house, which is at a short distance from the place of celebration. Accused persons being armed with weapons trespassed into his house, broke open the door and dragged him to the outer Pinda (verandah) and indiscriminately assaulted by the weapons like axe, arrow, Musala and lathi etc. Sustaining injuries on his head, face, hands, chest and legs, the deceased succumbed to the injuries at the spot. Amongst others, the occurrence was witnessed by P.W. 1 Padalam Khora, P.W. 2 Dhona Khora and P.W. 5 Padom Khora besides P.W. 3 Sadhu Khora, son of the deceased and P.W. 10 Beti Khilo, married sister of the deceased. P.W. 1 lodged FIR (Ext. 1 ). P.W. 9, O.I.C. of Chitrakonda Police Station registered P.S. Case, conducted investigation and submitted charge sheet for various offences including the offence under Sec. 302/149 Indian Penal Code.

(3.) The defence of the accused persons is denial to the allegations.