ARTA BEHERA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 27.08.2004 passed by the Addl. Sessions Judge, Kalahandi, Bhawanipatna in S.C. No. 115/17 of 2003 convicting the Appellants under Sections 302/34 I.P.C. and sentencing them to undergo imprisonment for life and to pay a fine of Rs. 2000/ - each in default to undergo R.I. for two months and further convicting them under Section 307/34 I.P.C. and sentencing them to undergo R.I. for ten years for the offence under Section 307/34 I.P.C.

(2.) THE case of the prosecution is that on 24.01.2003 the informant, who is the daughter of the deceased Bidu Behera, lodged a written report in the Bhawanipatna Sadar P.S. to the effect that at about 8 A.M. on that day she along with her father and brother Prasanta Behera (P.W.5) were in their field. At that time, her uncle Arta Behera (Appellant No. 1), accused Chauban Behera (Appellant No. 2), Hiron Behera (Appellant No. 3) and others were in their field. There was a dry 'Dimiri' tree on the ridge of the land. Appellant No. 1 and his sons (Appellant Nos. 2 and 3) cut the said tree and demanded to take the same whereas the informant, her father and brother made a similar demand. Immediately, the sons of Appellant No. 1 caught hold of her father and Appellant No. 1 being enraged suddenly gave axe blows on his head and back. When her brother Prasant Behera (P.W.5) intervened, all the Appellants assaulted him by axe on his head. Thereafter, the injured were shifted to the hospital. Basing on such report P.S. Case No. 12 of 2003 under Sections 147, 148, 307, 326/149 IPC was registered and investigation was taken up. The deceased died on 04.02.2003 while being shifted to Cuttack for treatment. Ultimately charge sheet was submitted under Sections 302/307/34 I.P.C. against the Appellants.

(3.) THE learned Addl. Sessions Judge, Kalahandi, Bhawanipatna, who tried the case, by his judgment dated 27.08.2004 found the Appellants guilty of the offence punishable under Section 302/307/34 IPC and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/ - each in default to undergo R.I. for two months for offence under Section 302/34 IPC and further sentenced them to undergo R.I. for ten years for the offence punishable under Section 307/34 IPC.