JHUBA ORAM AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellants have challenged the judgment passed by the learned Additional Sessions Judge, Rourkela, convicting them for an offence under Section 302 read with Section 34 and further convicting Appellant No. 2 for an offence under Section 324 I.P.C.

(2.) PROSECUTION case in brief that on 13.5.1983 in the morning, deceased Manga and Surya were ploughing the disputed land and P.W. 2 Chando, wife of deceased Manga, was waiting nearby. The Appellants arrived there running on account of previous dispute with regard to possession of the same. Both of them were armed with Tangias. Appellant Guna first assaulted P.W. 2 on the head and other portions of her body by means of the Tangia. P.W. 2 drew the attention of the deceased persons arid fell down on the ground seriously injured. Thereafter both the Appellants assaulted deceased Manga and Surya by means of the Tangias as a result of which they died on the disputed land instantaneously the occurrence was seen by P.W. 3 who was serving as the farm servant of chamor father of deceased Surya and was helping them for ploughing the disputed land. Out of fear, he ran to the village and informed the villagers of the occurrence. P.W. 1 made a station diary entry (Ext. 24) which was treated as F.I.R. (Ext. 24/1). Investigation commenced and the Appellants were charge sheeted.

(3.) THE learned Additional Sessions Judge believed the evidence of P.Ws. 2 and 3 who were present on the disputed land when the occurrence took place and held that the Appellants had committed the double murder and had seriously injured P.W. 2 by assault by means of the Tangias and accordingly convicted and sentenced them for life imprisonment.