JAYA NALK AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellants seek to assail the judgment and order of conviction and sentence passed by the learned Sessions Judge, Dhenkanal, Angul convicting them under Sections 302/34 I.P.C. and sentencing to undergo R.I. for life in S.T. No. 187 of 1993.

(2.) ON 29.5.1993 Bijay Naik (P.W.2) lodged an information at Sadar Police Station, Dhenkanal alleging that the Appellants abused Nityananda Naik, the father of the informant on 28.5.1993 at about 10.00 A.M. and questioned him with vengeance as to why he agreed to cultivate the lands of Jubuli Babu, which were earlier cultivated by them on 'Bhag' basis. On the same day at about 7.00 P.M. the accused persons being armed with Kati. thenga and Pharsa came to the house of Nityananda, dragged him out of his house and assaulted him by means of those weapons as a result of which Nityananda fell down on the road sustaining bleeding injuries. On the intervention of villagers who rushed to the spot, the accused persons fled away. Thereafter, Nityananda was removed to Sadar Hospital, Dhenkanal where at about 10.00 P.M. he succumbed to the injuries sustained by him. On the basis of such report which was treated as an F.I.R. vide Ext.1, the Investigating Officer went to the spot, examined the witnesses, made inquest over the dead body at Sadar Hospital vide Ext.5, sent the dead body for autopsy examination, sent Ranjan Nayak, Anr. son of the deceased (who has died in the meanwhile) for medical examination, seized the incriminating materials like blood stained earth, sample earth, one hawai chapal etc. vide seizure list Ext.7, seized wearing apparels of the deceased as per Ext.8, arrested the accused persons and after completing investigation submitted charge sheet in the Court of the learned S.D.J.M. Dhenkanal in G.R. Case No. 291 of 1993. Learned S.D.J.M. after going through the records 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 Sessions for trial.

(3.) TO establish its case the prosecution got eight witnesses examined. Out of them P.Ws.2 and 4 were the eyewitnesses to the occurrence. P.W.1 though made a statement before the police under Section 161 Code of Criminal Procedure that he had seen the occurrence but then did not support the prosecution case. Consequently he was declared hostile. P.W.5 is the wife of the deceased and was a post occurrence witness. P.W.3 was the doctor who conducted the postmortem examination on the dead body. P.W.8 was the doctor who examined injured Ranjan, son of the deceased and accused Jaya. P.Ws.6 and 7 were police officers who took some part in course of investigation of the case.