ANANTA SAMAL AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by the learned Additional Sessions Judge, Bargarh in S.T. Case No. 349/5 of 2000-2001 convicting appellant No. 1 Ananta Samal for commission of offence under section 302 of the Indian Penal Code (in short 'I.P.C.') and sentencing him to undergo imprisonment for life and convicting the rest three appellants namely, Udaya Samal, Nandi Kishore Samal and Shesha Samal under section 323, I.P.C. and sentencing them to undergo S.I. for six months each.

(2.) The case of the prosecution is that informant P.W. 18 Dambaru Samal had some land dispute with his. elder brother Dibakar Samal. On 31.5.2000 at about 7 a.m. the deceased Jayandri Samal (wife of the in-formant) and injured Chandrabati Samal (daughter of the informant) had gone to their field with their field servant one Brahma to sow paddy. Since the informant was suffering from fever he stayed at home. When the field servant Brahma was sowing paddy and the deceased and injured Chandrabati Samal were sitting on the ridge, appellant No. 1 Ananta Samal came there and asked the field servant to go away from the field and accordingly, the field servant Brahma left the field. When the appellant No. 1 Ananta Samal asked the deceased and Chandrabati Samal to go away from the field, they protested. It is alleged that appellant No. 1 gave a push to Chandrabati and dealt a blow by means of a 'Tangia' on her head. At that stage the other three appellants also reached the spot and assaulted Chandrabati by means of stick all over her body. When the deceased tried to intervene, appellant No. 1 dealt a Tangia blow to her and the other accused persons also assaulted by means of stick. It is also alleged that appellant No. 3 Nandi Kishore Samal tied the hands of Chandrabati by means of a rope from behind and both the deceased and Chandrabati were mercilessly beaten by the accused persons. Both the deceased and injured fell down unconscious and after some time Chandrabati regained her sense and she found that her hands were open and by that time all the accused persons had fled away from the spot. The deceased was lying senseless nearby. Chandrabati the injured came to her house and informed about the incident to her father the informant who in turn informed some villagers about the alleged occurrence and all of them went to the spot where they found the deceased lying senseless with severe bleeding injuries on her body. One of the villagers Gandharva Samal tried to administer water to the deceased but she did not accept it and died. The body of the deceased was carried to the village and was kept near a temple. At about 11.30 a.m. police reached the village and the informant submitted a written report on the basis of which, investigation was taken up. On completion of investigation charge sheet was filed against six accused persons for commission of offences under sections 147, 148, 341, 323, 324, 342, 302 and 149, I.P.C. However, after commitment, the Court framed charge against all the accused persons under sections 343, 324, 302 and 149, I.P.C. Out of six accused persons, appellant No. 1 was convicted for commission of offence under section 302, I.P.C. and appellant Nos. 2, 3 and 4 were convicted under section 323, I.P.C. The rest of the accused persons were acquitted.

(3.) The plea of the defence as it appears from the statements under section 313, Crimial P.C. is that on the date of occurrence appellant No. 1 was assaulted and the matter had been informed to the police and in order to avoid criminal liability in the said case this false case has been started against the appellants. It is the specific case of the defence that both the deceased and injured Chandrabati Samal (P.W. 20) assaulted appellant No. 1 by means of a Tangia' causing severe bleeding injuries on vital portions of his body. When the matter was reported to the police, a false case was initiated against appellant No. 1 and rest of the accused persons.