DIBAKAR MURMU AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellants, namely, Dibakar Murmu, Badei Bewa, Hare Majhi, Durjan Majhi and Fagu Murmu have been convicted under Sections 427 and 455, I. P. C. and sentenced to undergo R.I. for 2 years and 3 years each respectively on each count. Appellants Hare Majhi and Durjan Majhi have also been convicted under Section 376(2)(g) of the Indian Penal Code and sentenced to under R.I. for 10 years each. Assailing the order of conviction and sentence passed against them by the learned Sessions Judge, Mahurbhanj, Baripada, the Appellants have preferred this appeal.

(2.) THE prosecution case as revealed from the F.I.R. is that the informant Sumitra Dei (P. W. 4) was in occupation of her. father's house at village Bahalda since about 14 years. On 6.6.1993, accused Dibakar Murmu of village Nekhalpal with Bdei Bewa, Fagu Murmu @ Majhi, Samarai Majhi, Lulu Majhi and some Ors. came and ploughed the informant's share of lands with a tractor. According to the informant, (P. W. 4), all of them being armed with weapons searched for her (Sumitra's) husband to kill. On the next day also the aforesaid accused persons along with some other villagers of Bahalda being armed with deadly weapons came to the informant's house and searched for her husband to kill. Accused Samarati Mjhi tied the informant -Sumitra with a pole and accused Raghu Murmu guarded her. Thereafter, they drove her sisters Piti & Debaki and pulled down the entire structure of the house and took away all the paddy, rice including cash of Rs. 350/ -. In the meanwhile, informant's daughter -Bhanumati reached there. Being instigated by accused Dibakar, other accused persons chased her towards the canal. When some of the villagers reached there, accused persons left the place with the broken house building materials along with some green trees lading in a tractor. Thereafter, Bhanumati came and narrated before her mother that she was raped by accused Samarai Majhi, Fagu Murmu and Hare Majhi and they also took away Rs. 2000/ - and a saree from her. The informant reported the incident in writing at Khunta P.S., which gave rise to P. S. Case No. 32 of 1993, where after, on completion of investigation charge sheet was submitted under Sections 395/376(2)(g)/447/ 455/427 I.P.C. against the accused persons.

(3.) PROSECUTION has examined 10 witnesses in all of whom P.W. 4 -Sumitra Dei @ Soren and P.W. 8 Kuanr Soren are the wife and husband respectively. P.Ws. 1, 2 6 & 9 are the villagers, who claimed to have seen the occurrence of forcible ploughing and damage to the house. P.W. 3 is a post occurrence as well as seizure witness. P.W. 7 is the daughter of P.W. 4, who has been sexually assaulted by the Appellant Nos. 3 & 4. P.W. 5 is the Medical Officer, who examined the victim P.W. 7. P.W. 10 is the Investigating Officer. None has been examined by the defence.