BANI ALIAS BANAMALI PRADHAN Vs. STATE

JUDGEMENT

(1.) These two appeals from Jail have been filed by Bani alias Banamali Pradhan and Madhab Pradhan (hereinafter referred to as 'the accused') by their respective names. They question legality of judgment passed by learned 1st Additional Sessions Judge, Berhampur, convicting them for offences punishable under Section 302 read with 34 Indian Penal Code, 1860 (in short 'I.P.C.'), and separately holding accused Banam and Madhab guilty of offences punishable under Sections 323 and 326, I.P.C.respectively. Each of the accused was sentenced for imprisonment for life for the offence punishable under Section 302 read with 34, I.P.C.but no separate sentence was awarded for other offences in each case in view of the life sentence imposed.

(2.) Prosecution version as unfolded during trial is essentially as follows : Hari Pradhan (hereinafter called 'deceased') was the elder brother of Arjuna Pradhan, the informant and Babi Pradhan (P.W.5). There was dispute over the possession of a piece of land locally known as "Belandhia Padar". On 1-7-1992, the fateful day, deceased Arjuna and Babi went to the land for agricultural operation. After sometime, Chhaya Pradhan (widow of the deceased) Sara and Bilas, the wives of Arjuna and Babi respectively went there, bringing food for them. Chhaya returned to the house being asked by the deceased. Thereafter, the deceased and his two brothers took their food and started agricultural operation again. Babi went to a nearby field at a distance of about 25 cubits and started to plough the same. Deceased started digging the earth from the land and Arjuna started putting the earth on the ridge to raise the height thereof. While they were so engaged, the accused Bani alias Banamali Pradhan armed with an axe, and accused Madhaba Pradhan holding a bamboo lathi came to the spot shouting to finish them all. All of a sudden, Bani gave a blow by the sharp side of the axe which he was holding to the left side neck of the deceased, as a result of which, he sustained bleeding injury. Immediately, thereafter, he gave another blow by the sharp side of the axe to the face of deceased who fell down on being assaulted. Seeing the assaults, Arjuna rushed to protect his brother. Seeing this, accused Madhaba gave few blows to him by the lathi, resulting in injuries on his head, right leg and right hand. Despite the assaults, he grappled with accused Bani to prevent him from making further assaults. Seeing this, accused Madhaba snatched away the axe from the hands of accused Bani, and gave blows to the face of the deceased by the sharp side of the axe. Seeing the occurrence, Bilasa and Bara raised hulla, hearing which Babi rushed to the spot. He tried to lift the deceased in order to tend him. At that time, accused Madhaba tried to give a blow by the sharp side of the axe to the head of Babi which was obstructed by him by his left hand. The handle of the axe hit his left hand and he sustained swelling injury. In order to save himself. Babi picked up a wooden instrument which was lying at the spot, and started to whirl it. Bilas helped Arjuna and brought him to the place where one Kabi Das and Bansi Das were ploughing. Accused Bani rushed to the said place with an axe to assault him, which was protested by Kabi Das and Bansi Das. Thereafter, Bani went away from that place. Arjuna and Babi came back with a bullock-cart to the place along with Ganga Naik and several co-villagers. By that time, deceased had breathed his last. His dead-body was carried to the village. Arjuna came to the village Jagannath Prasad Out-post and lodged report. Investigation was undertaken and on completion thereof, charge-sheet was submitted.

(3.) Accused persons pleaded innocence. On the contrary they took the stand that they were in possession of the land in question and had raised crop. On the date of occurrence, the informant and his brothers damaged the said crop by ploughing over the land. As they raised protest, the informant and his brother assaulted them and severe injuries resulted. On the report of accused Bani, charge-sheet was submitted against Arjuna and Babi, and a counter case was registered. The cases were taken up one after the other.