RABINDRA BARIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both these appeals have been filed assailing the judgment of conviction and sentence dated 07.06.1999 passed by Special Judge, Balasore in Special Case No. 39 of 1996 convicting Rabindra Barik (appellant in CRA No. 155 of 1999) as well as Kapila Barik (appellant in CRA No. 161 of 1999) under Sec. 302 and 34 and 452 and 34 of Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 10,000.00 each and in default of such payment, to undergo RI for 3 months for commission of offence under Sec. 302 and 34 of Penal Code and to undergo RI for 2 years for commission of offence under Sec. 452 and 34 of IPC. Appellant-Rabindra Barik is also convicted under Sec. 324 of Penal Code and has been sentenced to undergo RI for one year All the substantive sentences were directed to run concurrently.

(2.) On the oral report of Janjali Singh (PW-10), which was reduced to writing, Nilgiri PS Case No. 58 dated 31.5.1996 was registered under Sections 302/458/380/342/323/324/427/34 of IPC, Sec. 9-B of Explosive Act, 1884 and Sec. 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against Kapila Barik and others.

(3.) Prosecution case, as revealed from the FIR in a nut shell, is that prior to 7/8 years from the date of occurrence, Kapila Barik had hired Sukura Singh (the deceased) as servant. At that time, the informant and her deceased-husband were staying at village Belabandh. Realizing the difficulty to commute from Balibandh to perform the daily chores at the house of Kapila situated at Radhaballavpur, said Kapila had allowed the deceased to construct a house near to his plot at Jena Sahi of Radhaballavpur. Accordingly, the deceased and the informant were staying there by constructing a house. Prior to two years of the occurrence, the deceased due to his old age became incapable to perform household chores at the house of Kapila. As such, Kapila instructed the deceased to vacate the said plot, but the deceased and the informant did not concede to the same on the plea that they were ST persons and the plot on which they were staying was a Government land. Said Kapila also filed Civil Suit against the deceased for his eviction from said plot. On 30/31.05.1996, at about midnight when the inmates of the house, namely, the deceased, the informant as well as her aunt, namely, Manguli Singh and her daughter, Rangi Singh were asleep at their house, 15-20 persons arrived there and started to pull down the straw from the roof. At that time, a lantern was glowing in the room where the deceased and the informant were sleeping. With the light of the lantern, the informant could identify Kapila Barik. Other accused persons were armed with 'bhujali', bamboo stick and knife. Some of them were also holding torch light. At that moment, Kapila Barik instructed other accused persons to kill the informant and the deceased along with other inmates of the house. The accused persons at once started throwing the household articles. At the instruction of Kapila, one of the accused persons brought out a sharp knife and started assaulting the deceased with the same. Other accused persons also assaulted the deceased. When the informant rushed to give water to her husband (the deceased), the accused who had stabbed the deceased also dealt a blow on the left hand of the informant. At that time, it was raining. Subsequently, the informant found her husband to be dead. The accused persons left the spot along with household articles of the informant. On receiving the oral report, the same was reduced to writing by the OIC, Nilgiri and read over the same to the informant, who admitted the same to have been written correctly. Accordingly, the Nilgiri P.S. Case No. 58 dated 31.05.1996 was registered. Since the FIR disclosed cognizable offences, OIC, Nilgiri P.S. (PW-14) took up investigation.