JAGDISH MIRDHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal by the accused -Appellants is directed against the judgment dated 23.12.1996 passed by the Addl. Sessions Judge, Sambalpur, in S.T. No. 155/49 of 1994, holding the accused -Appellants 1, 2, 4 and 5 guilty of offence under Section 302/34 Indian Penal Code and the accused -Appellant No. 3 guilty under Section 323 Indian Penal Code and convicting them thereunder. Since the Appellant No. 2 Kalpa Mirdha died during pendency of the appeal, the present appeal is confined to the accused -Appellants 1,3, 4 and 5.

(2.) THE case of the prosecution, in brief, is that, on 25.12.1993 at about 3 P.M., the informant Kunjalata Pradhan wife of Naren Pradhan of village Bandhapada under Jujumura Police Station orally reported before the ASI of Police, Jujumura P.S. that two years back accused Jagdish and one Madhab and Niskar had set fire to their house due to some inimical term but subsequently the dispute was settled in the village with the intervention of the villagers. On 24.12.1993, staff of the Forest Department recovered some wooden planks from the house of accused Jagdish and Madhab for which they suspected that the said seizure was made on the information furnished by her husband Naren and the deceased Paleswar, for which they bore grudge on them. On 25.12.1993 at about 8 A.M., while the informant, Sulochana, Bhanumati, Naren, Paleswar and Raimohan were in their house, accused persons namely Kalpa, Madhab, Jagdish, Biranchi, Gourisankar, Dullava, Barun, Achuta, Giridhari, Bachha, Sabita, Sumitra, Usha, Sobha and Kailesini being armed with tangia, lathis and stones arrived at their house and pelted stones to their houses and when Naren and his brother Paleswar came out of the house to ask them not to do it, the accused persons started assaulting Naren and Paleswa, as a result of which they began running towards Hapajiberna and the accused persons chased them and while chasing they assaulted Naren and Paleswar by means of tangi, lathi and stones. The informant, Kunjalata further alleged that out of fear she, Sulochana and Raimohan came out of their houses through their back side door and proceeded to village Bhandarimal and while proceeding, they saw Kalpa giving blows by means of tangia on the head of Paleswar and Ors. assaulting him by means of lathies and stones. She further alleged that when they arrived at village Bhandarimal, Naren arrived their with bleeding injuries on his head and hands and from him they heard that Kalpa by means of tangia assaulted Paleswar and Ors. assaulted Paleswar by means of lathies and, stones, as a result of which paleswar is lying dead at Hapajiberna under a Mahul tree. The informant further alleged that one Brudaban Badhei of Bhandarimal, Purusottam Mahananda, Ward Member and one Balaram Kuanar and Ors. knew about it. She further alleged that they sent injured Naren with their nephew Ditya Mirdha to hospital for treatment and came to the spot and saw Paleswar lying dead with fracture of both the hands and bleeding injuries on head.

(3.) THE plea of the accused persons was that on the date of occurrence in the morning, when accused Sumitra was sweeping in front of their house, deceased Paleswar who had no issue from his wife, forcibly dragged Sumitra in order to keep her as his wife, as a result of which, Sumitra shouted and hearing the shout, the accused Barun tried to rescue Sumitra, when Naren dealt tangia blow to him and caused injuries. Thereafter, in order to rescue Sumitra, Nirakar, Sanatan and accused Kalpa chased Paleswar and rescued Sumitra from his clutch and thereafter there was some assault and counter assault, in which accused Barun got injured and was taken to hospital one by Bhagirathi and accused Giridhari and accused Jagdish reported the incident in the Gourapali Out Post, pursuant to which police from Jujumura P.S. came to the spot. Accordingly the accused persons have pleaded that they have been falsely implicated in the case.