STATE OF ORISSA Vs. HARERAM HANS AND ORS.

JUDGEMENT

(1.) Heard argument and the judgment is as follows:

(2.) According to the case of the prosecution, Dumardulli is the disputed property and on the date of occurrence, i.e. on 16.02.1990 when accused persons ploughed the same the deceased party went and protested. In retaliation, the accused party attacked and assaulted them. Three persons (above named three deceased) died at the spot. Birat Hans one of the sons of deceased Avhiram sustained injuries on his left leg because of the axe blow but he did not survive to figure as witness in the Trial Court. Accused persons took the plea of denial of their involvement in the occurrence.

(3.) To substantiate the charge, prosecution relied on evidence of P. Ws. 1 to 9 and Exts. 1 to 25, besides material objects marked M. Os. I to V. Amongst them, P. Ws. 2, 6 and 7 are relied on as eyewitnesses to the occurrence and P. Ws. 8 and 9 are the Investigating Officers. M. Os. I and II were the two tangias (axes) and M. Os. III and IV are two spades and M.O. V. is the iron rod, which were seized in course of investigation. Though accused persons did not examine any witness but they relied on documents marked as Exts. A to H showing interestedness of some of the witnesses, injury certificate of Respondent -Makran Hans and the certified copy of Khatian.