SUDRA ALIAS SUDARSAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD arguments from both the sides and the judgment is as follows:

(2.) APPELLANT Sudra alias Sudarsan Sehera having been convicted by the learned Additional Sessions Judge -cum -Special Judge (Vigilance), Sambalpur in S.T. No. 45/14 of 1996 arising out of G.R. Case No. 228 of 1995 of the Court of the learned S.D.J.M., Deogarh has preferred this appeal and challenge the order of conviction under Section 302 of the Indian Penal Code and the sentence of imprisonment for life (which was wrongly stated by the Trial Court as rigorous imprisonment for life).

(3.) PROSECUTION case is that when P.W. 4 was an infant Pabitra died. Accused Raibari brought up P. Ws. 2 and 4. Sometime before the date of occurrence Le. 14.08.1995 P.W. 2 could discover that his mother (accused Raibari) was keeping physical relationship with accused Sudarsan. He protested and in reaction Raibari threatened to kill him by administering ponson. Thus P.W. 2 convened a village panch and there accused Raibari admitted to have given that threatening but stated that she has no intention to kill his son, Trilochan (P.W. 6) who was in Panchayat, as the Sarpanch / Ex -Sarpanch advised Raibari to live separately. Because of convening of the village Panch accused Sudarsan showed his red eyes to P. Ws. 2 and 4. The Panchayat was concluded at about 7 P.M. and at about 9 P.M. when the deceased together with P. Ws. 2 and 4 were taking food, the accused came and challenged the deceased and also declared that he would prefer to retain the wife of Sudhu as his spouse. When Sudhu protested accused came and caught hold the of the tuff hair and took him outside and dealt a blow by the gupti (M.O.I), which was his possession at that time. That blow injured the neck and the deceased fell down at the spot. According to the allegations of the prosecution accused Raibari had instigated accused Sudarsan to commit crime and further for that purpose she handed over the gupti to accused Sudarsan. When the occurrence of stabbing took place and the accused turned to go away, accused Raibari came there armed with Katuri (M.O.II) and dealt several blows to accused Sudarsan mistaking him to be Sudhu. As a result of that Sudarsan sustained four bleeding injuries on his body. On hearing hullah and being called by others, Pabana Sehera (P.W. 1) a neighbour came to the spot of occurrence and could learn about the occurrence from P.W. 2 and then reported the matter before the Police at Reamal. P.W. 13 registering P.S. Case took up investigation in a routine manner and on completion of investigation submitted charge sheet against the accused Sudra alias Sudarsan Sehera for the offence under Section 302 of the Indian Penal Code whereas under Section 302/109 of the Indian Penal Code against accused Raibari for committing murder of Sudhu and under Section 307 of the Indian Penal Code for attempting to kill accused Sudarsan.