B SOMANATH PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is against the order passed by the learned Sessions Judge, Ganjam, Berhampur convicting the appellants for offences under sections 148 and 302 read with section 149 of the Indian Penal Code (for short I.P.C.) and sentencing each of them to undergo imprisonment for life for the offence of murder and for imprisonment for two years for the offence of forming unlawful assembly.

(2.) The prosecution case in brief is that the appellants belong to the Gola community of village Jhadabai. Deceased Raghunath Das, after retiring from military service came and settled in the said village about 25 years prior to the occurrence and was giving medicines to the people of the village, 88 well as the neighbouring villages. A section of people of the village including the appellants suspected that the deceased was practicing witchcraft and was responsible for the death of some persons including children. It was also suspected that by such practice, he had enticed away the young wife of appellant No. 2 and committed sexual intercourse with her. In the early morning of 6.7.1980 the deceased was brushing his teeth near a tube-well within the school compound of the village. At that time the appellants came there in a procession. Appellants 1 and 2 were armed with swords and the rest were armed with lathis. They surrounded the deceased and assaulted him by means of the swords and lathis. His head was severed from the body. Appellant No. 2 held the severed head in one hand and the blood stained sword in another. Appellant No. 1 also held the blood stained sword in his hand. Thereafter the appellants in a body came out of the school compound in a procession and went towards the village shouting Kali Maa Ki JayT. In a procession they came to Purusottampur Police Station, where appellant No. 2 produced the severed head and the blood stained sword. Appellant No. 1 similarly produced the blood stained sword and made a station diary entry (Ext. 2). In the mean while P.W. 1, son of the deceased lodged F.I.R., (Ext 15). Thereafter investigation commenced and after close thereof charge-sheet was submitted against the appellants for having committed offences under sections 147, 148 and 302 read with section 149 I.P.C.

(3.) The appellantTs defence was denial of their participation in the murder of the deceased.