DWARI NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants have been convicted under Sections 302 and 307, I.P.C. by the Learned Sessions Judge, Keonjhar in S.T. Case No. 11 of 1999. Each of them has been sentenced to imprisonment for life under Section 302, I.P.C. No separate sentence has been awarded under Section 307, I.P.C. in view of the sentence imposed under Section 302, I.P.C.

(2.) THE case of the prosecution is that the deceased Babaji Behera and the accused -Appellants are residents of village Bhandaripada. There is a well near the house of the accused -Appellants. On 08.03.1998 at about 8.00 A.M. Saudamini Behera (P.W.3), daughter of the informant (P.W.1) and grand daughter of the deceased, had been to the said well to wash vegetables. In course of washing, the rope of the sister of accused Mana, who was also present there, got drenched. For this, accused Mana assaulted Saudamini, who on returning home complained about the same before her grand father (deceased). When the deceased called out both the accused persons by their name, they came out from their house. Mana was armed with a square wooden handle and accused Dwari was armed with a round wooden handle of an axe. There was some altercation over the incident. In course of such altercation, both the accused -Appellants assaulted the deceased with their respective weapons. Hearing shout and sound of assault, RW.2 -Manika Behera, the wife of the informant rushed to the spot, but she was immediately apprehended by both the accused -Appellants at the front door of her house and was dragged to a distance where she was also assaulted by the accused persons. At that time, Rabinarayan Behera (P.W.1), who was returning from the paddy field, hearing hullah near the village well, rushed to the spot and found his father and wife lying near the well and in front of his house respectively. He was also assaulted by the accused -Appellants. P.Ws.3, 4 and 14 witnessed the occurrence and immediately rushed to the well.The accused -Appellants chased RWs. 3 and 4 giving out threats to rape them, for which they escaped to the nearby sugarcane field. After the occurrence, P.W.I shifted the deceased and his wife to Sainkul Community, Health Centre and from there to Ghasipura Hospital where the deceased was declared dead. He reported the matter to the O.I.C., Ramachandrapur Police Station, who, after completion of investigation, submitted charge -sheet under Sections 302 and 307, I.P.C. against the accused -Appellants.

(3.) IN order to prove its case, the prosecution examined as many as 16 witnesses.