PRAVAKAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the criminal appeals are directed against the judgment and order dated 31.08.2005 passed by the Sessions Judge, Dhenknal. By the said order he convicted Appellant Buli @ Basanti Sahu under Section 302/114 I.P.C. and sentenced to R.I. for life and pay a fine of Rs. 5,000/ - in default further R.I. for one year and also convicted her under Section 120 -B I.P.C. and sentenced to R.I. for life and pay a fine of Rs. 2000/ - in default further R.I. for 6 months. He also convicted Appellant Pravakar Das under Section 302 I.P.C. and sentenced to R.I. for life and pay a fine of Rs. 10,000/ - in default R.I. for two years and under Section 120 -B of I.P.C. and sentenced to R.I. for life and pay a fine of Rs. 5000/ - in default R.I. for one year.

(2.) THE case of the prosecution case is that the deceased was in love with one Puni Sahu, the sister of Appellant Buli @ Basanti Sahu. Both of them had eloped but the father of the girl had brought them back to the village. Such relationship was not tolerated by Appellant Basanti (elder sister of Puni). Accused Lingaraj and Bimbadhar (since acquitted) are the brothers of Puni and Appellant Basanti. Appellant -Pravakar, who is the 'dharam bhai' of Appellant Basanti, used to visit her house frequently. Threats were given by the accused persons to the deceased for such love affairs. On an earlier occasion, Appellant Pravakar had also assaulted the deceased. All the accused persons conspired in the night of occurrence to do away with the deceased. While the deceased was sleeping on the verandah of one Trinath Sahu, he was assaulted by means of an, axe on his neck and he succumbed to injury. A report was lodged by P.W.1, the brother of the deceased before police and investigation was taken up. Ultimately, charge sheet was filed against all the four accused persons who faced trial.

(3.) IN order to prove its case, prosecution has examined as many as 13 witnesses including the I.O. and doctor. Defence has examined two witnesses on its behalf.