BHARAT MAHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE brief facts of the prosecution case necessary for determining the issues before us are as follows: appellant accused Kanduri Moharana is the brother-in-law of one Sarat chandra Moharana (informant) whose brother is the 1st appellant Bharat moharana. Bharat Moharana and sarat Ch. Moharana are separate in mess, worship and cultivating their land.

(2.) THE informant Sarat Moharana, his wife Shantilata Moharana (PW12), son sunil Moharana (PW13) and deceased daughter Soni Moharana were living in a house in village Adhanga Majurai. On 20. 1. 1996 at about 7 p. m. the accused appellants entered the said house of the informant and enquired from Shantilata moharana (PW12) as to where about of her husband. PW12 stated that her husband had gone to Muliasahi. Immediately, both the accused inflicted kick and Bhujali blows to Shantilata Moharana causing injuries on her and inflicted blows to her son and daughter causing serious bleeding injuries and left the house under the impression that shantilata Moharana and her children are dead.

(3.) SHANTILATA thereafter crawled up to the neighbouring house of Nanda Kishore Das and disclosed the incident to his family members. Trilochan Das (PW9), who is the son of Nanda Kishore Das arranged a trek-ker for removing the injured to the hospital. PW2, the informant Sarat Ch. Moharana learnt the incident from one karunakar Das (PW10) and rushed to his house immediately, saw injuries on his son and the dead body of his daughter and did not see his wife there. Anyway he took his wife and son to the hospital by the trekker arranged by PW9. In the hospital Shantilata moharana revealed every happenings based on which the informant lodged a verbal report before the O. I. C. , Jagatsinghpur (PW19) regarding the incident. The F. I. R. was recorded and the same was marked as ex. 2. The case was registered in the P. S. and the charge-sheet was submitted against the accused persons for the offence under sections 302/34 and 307/34 of the Indian penal Code.