STATE OF ORISSA Vs. NANDA GOUDA

JUDGEMENT

(1.) THIS Government Appeal is directed against the judgment dated 08.08.1996 passed by the Sessions Judge, Ganjam -Gajapati, Berhampur, in Sessions Case No. 36 of 1996, giving the benefit of doubt to the accused persons and acquitting them of the charges under Sections 148/302/149 Indian Penal Code and Section 3(2)(v) of S.C. and S.T. (Prevention of Atrocities) Act.

(2.) THE case of the prosecution, in brief, is that the deceased Dilli Das was a young boy of about 22 years, belonging to Scheduled Caste community. The informant Dama Das (P.W.1) is the elder brother of the deceased. The accused persons are Goudo by caste and co -villagers of the informant. On 28.10.1995 at about 6 A.M. while the informant was asleep, the deceased went towards the canal of the village to answer the call of nature. At about 6.30 A.M., Saradi Das (P.W.5), mother of the informant informed that some persons were running about near the canal side and since the deceased had been towards the canal, she asked the informant to go towards the canal to find out what was happening. The informant accompanied by his two sisters Kumari Das (P.W.3) and Banita Das (P.W.4) went towards the canal village and on the way, they met their uncle Bansidhar Das (P.W.2), who informed them that the residents of Talagouda Sahi of the village were chasing the deceased and Laba Goudo (P.W.13), being armed with deadly weapons like swords, katis and sticks. P.W.2 told the informant not to go to the spot, as he may be assaulted. The informant could notice that some persons were shouting and assaulting a person in the canal embankment and he and his two sisters proceeded towards the culvert and found that 10 to 12 persons were proceedings towards the field on the canal embankment and one person was lying on the canal embankment. The informant asked his sister (P.W.4) to go to the canal embankment and to find out who was lying there. P.W.4 found that the deceased was lying on the canal embankment and she raised hulla, hearing which the informant and his other sister (P.W.3) went there. The informant wanted to chase the assailants but was prohibited by his sister (P.W.3) and out of the assailants, the informant could identify the 10 accused persons, who were armed with katis and lathis. The deceased was lying on the spot and his hands and legs had been cut and there were marks 'Of injuries through out his body and there was a pool of blood in the spot. Four bamboo sticks and one katua without handle and handle of a katua were also found on the spot.

(3.) THE plea of the accused persons was one of complete denial.