TUNU PURTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal from a decision of the Sessions Judge, Mayurbhanj in Sessions Trial No. 72 of 1982 convicting the appellants under S.302 read with S. 34 of the Penal Code and sentencing each of them to undergo R.I. for life and further convicting appellant No. 1 under S. 323 of the Penal Code and sentencing him to undergo R.I. for three months. The sentences imposed on appellant No. 1 were directed to run concurrently.

(2.) The appellants were prosecuted for murder of Kain Purty and his wife Puturi, Kain Purty, Ankur and Khela are brothers. Appellant No. 1, Tunu and Bire (since acquitted) are sons of Ankura. Kanda, appellant No. 2, is the son of Khela. Pada, appellant No. 3, has married the sister of Tunu. Kain and Putri were issueless. A week before the occurrence, Kain had sold his land to Mangal Singh for Rs. 1400/-. There were ill-feelings amongst the brothers on account of this 14-1-1982 was the Makar Sankaranti and was the day of festivities for these people. Around evening of 14-1-82, Tunu Sirka (P.W. 4) went to the house of Kain, his maternal uncle, with a new Saree for his aunt. When he reached the house of Kain, he saw Bira and his wife quarrelling with Puturi. After his arrival. Bira and his wife left the place. P.W. 4 was given two glasses of handia, while he was drinking the Handia, the appellants arrived at Kain's house. A lathi (M.O.I.) and an iron rod (M.O.I) were lying on the varendah of his house. Appellant No. 1 picked up the lathi and appellant No. 2, the iron rod. Apprehending trouble Kain attempted to enter inside the room. He was, however, dragged out and was assaulted by appellants Nos. 1 and 2. Kain fell down. Appellants 2 and 3 pressed him on the ground. When P.W. 4 tried to intervene he was assaulted by appellant No. 1 on his hand. At that time, accused Bira arrived at the place and instigated others to assault. Appellant No. 1 then hit Kain on the head with the stone (M.O. III). P.W. 4 then ran away from the place and informed P.W. 1 that Kain had been murdered and the appellants were chasing Puturi to assault her. P.W. 1 rushed to the spot and found the appellants running after Puturi. Appellant No. 1 dealt a lathi blow on the leg of Puturi. She fell down. P.W. 1 snatched away the lathi from appellant No. 1 and the iron rod from Kanda. At that time appellant No. 1 suddenly hit the head of Puturi with the stone. P.W. 1 ran away from the place and informed Pratap (P. W. 2) who along with villagers went to the spot. By that time Kain and Puturi were dead. Information was lodged. Report of P. W. 1 was treated as F.I.R. and investigation was taken up.

(3.) The plea of the appellant was one of denial.