LAWS(ORI)-2009-7-11

STATE OF ORISSA Vs. CHIKKALA RAGHUPATI

Decided On July 02, 2009
STATE OF ORISSA Appellant
V/S
CHIKKALA RAGHUPATI Respondents

JUDGEMENT

(1.) THE facts and point of law in the appeal as well as in the revision being same and as in both the cases the judgment and the order of conviction passed by learned Sessions Judge, Ganjam Gajapati. Berhampur in S. C. No. 82/1995 is assailed, the same were heard together and are disposed of by this common judgment.

(2.) SEVEN accused persons faced trial for alleged commission of offences under Sections 148/302/149 of I. P. C. on the allegation that they had committed rioting and murder of M. Damayanti in furtherance of their common object.

(3.) SHORN of unnecessary details, the prosecution case in short is as follows : -Against Judgment of P. R. Patra, Sessions judge, Ganjan-Gajapati, Berhampur, D/-16-12-1995. M. Ramudu (P. W. 1 ). the informant, and the seven accused persons belong to village jayantipur in Jarada Police Station. M. Damayanti, the wife of the informant, and her two sisters namely, L. Dilliamma (P. W. 2) and G. Mahalaxmi (P. W. 4) on 28th May, 1994 went to take their bath in the village pond commonly known as "jabu Bandha". M. Damayanti went inside the water whereas the other two sisters were cleaning their tooth standing on the ridge of the tank. At the relevant time, it was alleged, seven accused persons being armed with kati, thenga, knife, bhusa, etc. were sitting near the pond. Out of them accused Chikala Esha alias Vaswanadham came to M. Damayanti and asked her with regard to the whereabouts of her son in filthy language. M. Damayanti told him that on being frightened her son had left the village. On hearing the answer accused Esha lost his temper and assaulted on the left side of her neck by means of a bellum. Consequently she fell down in the water. Other accused persons also came rushing to M. Damayanti and indiscriminately assaulted her by means of different weapons. Seeing such occurrence out of fear the two sisters (P. Ws. 2 and 4) of m. Damayanti shouted for help. M. Ramudu (P. W. 1), the informant, and others hearing the shouts of P. Ws. 2 and 4 came to the spot and seeing them all the accused persons fled away from the spot leaving the deadbody of M. Damayanti in the pond. The informant thereafter went to Jarada Police station and lodged a written report before the O. I. C. of the said P. S. which was treated as an F. I. R. and a Police Case was registered. The O. I. C. (P. W. 9) visited the spot, took up the investigation, held inquest over the deadbody, sent the same for post mortem examination, examined the witnesses, raided the house of accused persons and recovered one thenga from the house of accused Chikala Raghupati. He arrested six accused persons and forwarded them to the court of J. M. F. C, Patrapur in G. R. Case no. 68/1994. In course of investigation pravakar and other accused persons, surrendered in Court and were sent to jail custody. The O. I. C. (P. W. 9) after completion of the investigation submitted charge sheet against seven accused persons. Learned J. M. F. C. after going through the Police papers and on being satisfied that a prima facie case is made out, took cognizance of the offences and committed the case to the Court of learned Sessions Judge, Ganjam-Gajapati, Berhampur for trial.