KALIA @ HARIKRUSHNA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) By the impugned common judgment and order dated 21.12.2002 passed by the learned Sessions Judge, Ganjam -Gajapati, Berhampur upon an analogous trial, the appellants Kalia @ Harikrushna and Biswanath @ Bisu @ Biska @ Bisakha facing trial in S.C. No.14 of 2001 and Dandapani and Dillip facing trial in S.C. No.194 of 2002 have been convicted for commission of offences under Sections 147, 148 and 302 read with Section 149 of the Indian Penal Code (in short 'I.P.C.). In addition, appellant Biswanath has also been convicted for commission of offence under Section 302 I.P.C. Accordingly all the appellants have been sentenced to undergo imprisonment for life for commission of offence under Section 302 read with Section 149 of the I.P.C. and R.I. for one year on each count for commission of offences under Sections 148 and 148 of the I.P.C. Appellant Biswanath has further been sentenced to undergo imprisonment for life under Section 302 I.P.C. Being aggrieved, the appellants have preferred this appeal.

(2.) ALLEGATIONS in the case relate to the occurrence in course of which murder of deceased Laxmi Das was committed. Prosecution case is that on 13.09.1999, which was the day of celebration of 'Ganesh Chaturthi, at about 6.15 P.M., the deceaseds brother informant P.W.2 Rajendra Das was proceeding to see the Ganesh Medha, i.e. decorative pandal of Lord Ganesh, from Bada Sahi towards Badhei Sahi Gorji (Lane) of the occurrence village Lochapoda. He found the deceased coming from the side of Ganesh Bazar Sahi. In between the house of D. Laxman Patro and Chintadu Raghuram Patro, on the road itself, appellant Kalia pulled the deceased legs as a result of which he fell down. Thereafter, it is alleged, the appellants Biswanath, Dandapani and Dillip as well as co -accused Rabindra assaulted the deceased with deadly weapons. It is alleged that co -accused Rabindra at first dealt a blow by means of a Kati on the deceaseds neck. Thereafter, appellant Biswanath dealt a sword blow on the deceaseds neck. It is further alleged that appellant Dandapani instigated by shouting "SALAKU SESHA KARIDIA AAU CHHADA NAHIN". Seeing the occurrence, the informant raised alarm upon which all the five accused persons ran away towards Mill Sahi. Deceased, with injuries on his person, ran towards Bada Sahi where he fell down in front of the house of T. Kalia Patra. The further case of the prosecution is that P.W.4 Balaram Patra and one Rajendra Kumar Patra were present near the place of occurrence. The informant shifted the deceased in a trolly rickshaw to M.K.C.G. Medical College and Hospital, Berhampur. However, on the way the deceased succumbed to the injuries. It is also alleged by the prosecution that in the month of preceeding June, the accused persons had attacked, assaulted and threatened to kill the deceased, and that in the afternoon on the date of occurrence also there was verbal altercations between appellant Dillip and the deceased when the deceased and others were playing volley ball in the playground near Ganesh Bazar. On the basis of written report Ext.1 submitted by P.W.2, S.I. of Police P.W.8 Madhusudan Mallik registered the case and took up investigation. P.W.8 also appears to have received the casualty memo Ext. 'A forwarded by D.W. 1 Dr. M.K. Panigrahi from M.K.C.G. Medical College and Hospital. In course of investigation, witnesses were examined, dead body of the deceased was subjected to inquest and post -mortem examination, spot was visited and seizures were effected. S.I. of Police P.W.1 Bishnupada Mohanta took charge of investigation on 01.11.1999 and S.I. of Police P.W. 7 Ashok Kumar Parida took charge of investigation on 25.03.2000. On completion of investigation, charge sheet was submitted against the appellants and above said co -accused for commission of offences under Sections 147, 148 and 302 read with 149 I.P.C. showing the co -accused as absconder, and accordingly, the appellants faced the trials under the said charges.

(3.) PROSECUTION examined eight witnesses, P.Ws. 1 to 8, apart from relying upon the documents marked Exts. 1 to 9 and material exhibits M.Os. I to XVI. P.Ws. 1, 2, 4, 7 and 8 as well as D.W.1 have already been introduced in course of the narration of the prosecution case. P.W. 3 Kailash Sahu was examined as another eye -witness. P.W. 5 Dr. S. N. Mohanty conducted post -mortem examination over the dead body of the deceased. Police Constable P.W. 6 Rama Chandra Mohanty accompanied the dead body of the deceased for post -mortem examination to and collected wearing apparels of the deceased from the Hospital. Defence examined D.W.1 only and relied upon documents marked Exts. 'A and 'B. Placing reliance on the evidence of informant P.W.2 as well as the other two eye -witnesses P.Ws.3 and 4, and the medical evidence of P.W.5, the learned trial Court held the prosecution to have established the charges under which the appellants stand convicted.