NARA PUJHARI & ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 27.02.1999 passed by Sri B.K. Nayak, Addl. Sessions Judge, Balangir, in Sessions Case No. 12/7(B) of 1998 in convicting the appellants for commission of offences under Sections 144, 148, 302 and 149 of the Indian Penal Code and sentencing each of them to undergo imprisonment for life under Section 302/149 IPC, to undergo rigorous imprisonment for six months under Section 144 IPC and also to undergo further rigorous imprisonment for one year under Section 148 IPC. All the sentences are directed to run concurrently. During pendency of the appeal, it is submitted at the bar that appellant No. 5-Dharamsingh Pujhari died. Thus, the Criminal Appeal is confined as against the other five appellants.

(2.) The prosecution case in brief is that on 01.09.1997 at about noon, accused Dharmsingh Puta came in front of the house of the informant and abused Rama Pujhari (deceased) and his parents in filthy languages and also threatened that they would not be allowed to celebrate the Nuakhai festival that year, saying so he went away. The deceased apprehending danger, set out by cycle to the police station to lodge a report, however his father dissuaded him. The deceased without listening to the advice of his father went on by cycle. While he was so going, all the accused persons chased him being armed with Tangia and lathies. The mother of the deceased followed him apprehending danger to his life. But on the way she was restrained by accused Paramananda Pujhari and Haribandhu Pujhari. Then she returned back and went along with her husband towards Gountiapada of the village. In front of the house of one Kunja Naik, they found the deceased was lying on the street with bleeding injuries on his head and leg and one Pankaj Majhi was administering water to the deceased. On the advice of the said Pankaj Majhi that the deceased has already breathed his last, the mother of the deceased went to the police station to lodge an oral report which was reduced to writing.

(3.) On the basis of such FIR the OIC investigated the matter. Shortly after the registration of the FIR, accused Chandra Pujhari, Gadan @ Brundaban Pujhari and Liku Pujhari came to the police station and voluntarily surrendered confessing to have committed the murder of Rama Pujhari. The I.O held inquest over the dead body and sent the same for post mortem examination, seized the blood stained earth and sample earth. On the basis of the discovery statement of accused Luku Pujhari, the I.O. seized the tangia and two lathies. Before completion of investigation accused Luku Pujhari died. Therefore, after completion of the investigation charge sheet was submitted against other six accused persons-present appellants under Sections 144, 148 and 302/149 of the I.P.C. The defence plea was one of complete denial. They submitted that they would examine the defence witnesses. However, no witness on behalf of the defence was examined by them during trial.