RAGHONATH PRADHAN AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THE eight Appellants along with six others acquitted were tried on charges under Sections 147, 323 and 302/34 of the Indian Penal Code, by Shri T.V. Rao, Additional sessions Judge, Pori. All the Appellants were convicted under Section 147, I.P.C. and were sentenced to rigorous imprisonment for one year each. Appellants Raghunath Padhan and Gobardhan Padhan were also convicted under Section 304, I.P.C. of culpable homicide not amounting to murder of deceased Bidya Naik and were convicted under the second part of the said section and each was sentenced to rigorous imprisonment for four years. Appellants Raghunath Padhan, Dinabandhu Swain, Ananta Padhan, Narasingh Padhan, Maguni Padhan, Fakira Padhan and Markanda Padhan were also convicted under Section 323, I.P.C. and sentenced to rigorous Imprisonment for six months each. All the sentences against all the Appellants were directed to run concurrently.

(2.) THE prosecution case is that a dispute arose over the boundary ridge between the fields of the informant Lokanath Naik and the Appellant Raghunath Padhan as the latter wrongfully ploughed the ridge, threw earth into the fields of Lokanath and thereby encroached upon his lands. It is stated that Lokanath reported the matter to Kanhei Padhan, the father of Raghunath, and they both took Bhadraloks to the fields on 6 -2 -1956 and demarcated the boundary and pitched stones thereon. On the next day, the sons of Kanhei Padhan removed the stones which were again replaced by Lokanath, on 8 -2 -1956. It is stated that in the afternoon of that day, the Appellants along with the six other accused who Were acquitted formed into an unlawful assembly armed with Thengas with the common object of assaulting the informant's party for replacing the stones in the boundary ridge and proceeded towards the fields passing by the side of the informant's house in sarangi sahi. At this time, Kanhei Padhan, father of Appellant Raghunath Padhan, requested the sarbarkar Nilamani Hazari (P.W. 16) to settle the matter amicably, In consequence of which Basu Martha (P.W. 15) and Banchhanidhi Naik (P.W. 3), the brothers of Loknath Naik, were called to that place and Ananta Moharana (P.W. 20) was sent to recall the sons of Kanhei Padhan going towards the fields. It is stated that Ananta called them back from the Bhagabat Ghar about 100 cubits from Loknath Naik's house and while they were returning, Appellant Raghunath Padhan shook his Thenga towards Lokanath Naik who was sitting on his Pinda in the company of Bidya Naik (the deceased), Bhagaban Naik (P.W. 7) and Shyam Sunder Martha (P.W. 2) and challenged them why they had not gone to the fields to measure their strength with them. It is the prosecution case that at this challenge, Bidya protested by coming out of the Pinda and accosted Raghunath whether they were going to beat them, at which Appellant Raghunath dealt a lathi blow on the head of Bidya who fell down to the ground. Immediately thereafter Appellants Gobardhan Padhan and Dinabandhu Swain dealt two other lathi blows to Bidya On his head and he fell down unconscious bleading profusely from his wounds on the ground. Lokanath, Bhagaban and Shyam ran to the rescue of Bidya when they were also assaulted by Appellants Narasingh, Markanda, Fakira and Maguni and by acquitted accused Mina. Damodar Naik and Gopinath Naik also came running on hearing the Hulla and they were also assaulted by Appellant Ananta Padhan and acquitted accused Basu Moharana, Gobinda Moharana and Rahasa Padhan. Banchhanidhi Naik (P.W. 3) who was attending the Panchayat at the Sarbarakar's place came running out hearing the Hulla and he was also attacked by Appellant Raghunath and acquitted accused Mina. It is further stated that the Bhadraloks Nilamani Hazari (P.W. 16), Hata Biswal (P.W. 11) and Narasingha Prusti (P.W. 18) came running on hearing the row along with Basu Martha (P.W. 15), father of Bidya, and found Bidya lying in a precarious condition and was bleeding through his mouth and nostrils. They arranged for his removal to Sarankul Police Station accompanied by the informant Lokanath Naik and other injured persons, but on the way Bidya died. His dead body was produced at the Police Station at 11 P.M. that night and information was lodged before the police by Lokanath. The Sub -Inspector in charge of the Police Station (P.W. 80) drew up the First Information Report (Ext. 1) and took up the investigation. About one hour before Lokanath reached the police station, Appellant Raghunath Padhan and five others had lodged information against Lokanath and others complaining of rioting committed, as per Ext. 26. Dr. I.P. Acharya (P.W. 5) conducted the postmortem examination on 2.2 -1956 and the Appellants along with the other accused afterwards were charge -sheeted.

(3.) THE Appellants pleaded not guilty to all the charges framed against them. They stated that they were going to the fields holding Badis to see the damage caused to their ridge by the informant's' men who had shifted the ridge wrongfully that while they were going they were caned back by Ananta Moharana (P.W.20) and Dina Swain from the Bhagabat Ghar; that at the Pinda of the informant Lokanath Naik, a mob consisting of 16 persons armed with lathis and Bhusas were assembled including Bidya, Shyam, Damodar, Gopinath, Bhagaban, Banchhanidhi, Lokanath and others and while they reached the Mandap In front of Kasi Sarangi's house, deceased Bidya challenged as to why they were returning without proceeding to the fields and abused them as 'Sala' ; and that when Raghunath protested saying that they were going to attend the Panchayat at the Sarbarakar's place, Bidya rushed at them with a Thenga saying that the Panchayat would be made then and there and strock a blow aiming at the head of Ananta, but as the later turned back it struck on his left shoulder. They also stated that they moved their Badis in self defence and retraced their steps towards their house when Basu (P.W. 13) came behind and pierced a Bhusa on the head of Narasingh who fell down senseless and they carried him home. Some of the accused also pleaded alibi. They therefore stated that they were not the aggressors and they had not assaulted Bidya Naik or the other prosecution witnesses voluntarily, but while moving their Thengas in self defence, they might have been injured. Appellant Raghunath denied of having caused the death of Bidya or of having committed rioting and stated that it was the informant's party who sifted the ridge by encroaching to their land and when they replaced it, the informant's party were waiting to assault them.