CHAKRAPANI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant and Dandapani Naik faced trial for commission of offence under Section 302 r/w Section 34, IPC and their father accused Prafulla Naik faced trial for commission of offence under Section 302, read with Section 149, IPC for intentionally causing the death of Bidesi Naik in futherance of their common intention in S.T. Case No. 223/39/332 of 1995/92 of the Court of Learned Addl. Sessions Judge, Khurda. The Trial Court convicted the Appellant (Chakrapani) under Section 302, IPC and sentenced him to undergo R.I. for life. Dandapani (accused) was found guilty of the offence under Section 324, IPC and was convicted to undergo R.I. for a period of one year. However, Learned Addl. Sessions Judge came to the conclusion that the prosecution has totally failed to substantiate their case against accused Prafulla and acquitted him. The order of conviction and sentence passed against Dandapani has not been assailed and has attained its finality. The present appeal is thus confined only to the order of conviction and sentence passed against Chakrapani.

(2.) THE prosecution was set to motion on the basis of an oral report made by Subarna Bewa (P.W.4) wife of Late Uchhaba Naik at Banpur Police Station at 10.30 A.M. on 19.7.1991. It was alleged that on the said date at about 7.00 A.M. her adopted son Bidesi Naik was carrying on cultivation operation over the land commonly known as 'Chakuli Gahir' of Gadadharpur village. At about 8.00 A.M. she along with Sashi Sahu brought food for Bidesi, Bidesi came out of the field, took food and again entered into the field for the purpose of ploughing. At the relevant time, it is alleged, Chakrapani and Dandapani, the two accused were uprooting paddy seedlings from a piece of land near to 'Chakuli Gahir'. The informant and Sashi engaged themselves in uprooting the paddy seedlings in another land situated nearby. As there was ill -feeling in between the informant's family and the family of Prafulla Naik, P.W. 4 and Sashi apprehending disturbance kept a watch on Bidesi. At about 9.00 A.M. all of a sudden Chakrapani entered into the field where Bidesi was ploughing and inflicted a blow on his neck with a long handled spade (Thia Kodi). On receiving the assault, Bidesi cried aloud and fell down. Thereafter, it is alleged, Dandapahi inflicted 2 blows by means of 'Kati'. The informant (RW 4) seeing the said occurrence shouted and called for help. Hearing his shouts, Puni Dei (not examined), Sarat Naik (P.W.6), Sanatan Behera (P.W.3), Bauribandhu Pradhan (P.W.2) and ors, who were working in the nearby paddy fields, came rushing to the spot. Seeing them, Dandapani and Chakrapani ran away from the spot. The informant, thereafter, came to the spot and found Bidesi lying in an unconscious state with his face downwards. With the help of Sarat Naik and Sanatan Naik, Bidesi was lifted from the spot and was carried to Banpur Hospital in a bus. The Medical Officer, Banpur however declared him dead.

(3.) IN me statement made under Section 313, Cr.P.C., Dandapani took the stand that in fact he had never assaulted Bidesi and the statement made by Chakrapani was correct.