SAHU AND THREE ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard argument from the parties, hearing is concluded and the judgment is as follows.

(2.) Balaram Prusty is the deceased and hereinafter referred to as such. Sara Prusty (P.W.3) is the widow of the deceased. Susil Prusty (P.W.1) is the son of the deceased and Sara. The occurrence of assault on the deceased and P.Ws. 1 and 3 took place on 11.12.1994 at about noon time in village Balakira under Baunsuni Police Station in the district of Boudh.

(3.) According to the case of the prosecution, deceased had purchased the disputed homestead land from accused Jita Sahu and was in possession of the house thereon for about forty years by the date of occurrence. On the date of occurrence, acquitted accused Annapurna and Tapasya, both of whom are the wives of accused Jita Sahu, trespassed into the disputed house. Deceased and P.W. 3 drove them out. The said two lady accused persons shouted on the pretext that deceased misbehaved them. Then accused -Appellants, who are members of one family, came running to the spot, i.e., the disputed house and on the village 'Danda' in front of that house assaulted the deceased by means of 'Thenga', 'Badi', 'Medha' and 'Suli' (various sticks). The deceased sustaining bleeding injuries fell down. Accused persons decamped then from the spot. P. Ws.1 and 3 with the help of others took the deceased to the district headquarters hospital at Boudh via Baunsuni P.H.C. At the district headquarters hospital the deceased succumbed on that date.