NABIN SAHU AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 31.01.1986 passed by the Sessions Judge, Dhenkanal in Sessions Trial No. 72 -D of 1983 whereby he convicted Appellants 1 to 5 under Section 324 I.P.C. and Appellant No. 6 under Section 304, Part -r I.P.C. He sentenced Appellants 1, 4 and 5 to undergo Rigorous Imprisonment for one year, Appellants 2 and 3 to undergo rigorous imprisonment for two years and Appellant No. 6 to undergo Rigorous Imprisonment for six years.

(2.) THE case of the prosecution is that on 30th July, 1983 at about 6 A.M. when deceased Gopal Behera and deceased Govind Behera along with P.Ws. 1, 2, 5, 6 and 7 with some labourers came and ploughed the land in question, accused -Appellants came there with bullocks to cultivate their land which stands adjoining the land of the prosecution party. Accused -Appellant Kapila Sahu asked Gopal Behera (deceased) and Ors. as to why he was transplanting paddy seedlings in the field which belonged to him. But deceased Gopal Behera told him that he was ploughing his own land and in case they feel that the field in question belonged to them, then they may get the land demarcated through an Amin. This answer provided Kulamani (Appellant No. 4) and he directed Nilamani (Appellant No. 3) to call their supporters of the village. Accordingly, Nilamani went to the village and called Ors. . All of them arrived at the spot being armed with Tangias and lathis. Thereafter, on being directed by Kulamani (Appellant No. 4) other accused -Appellants assaulted the prosecution party. It is further alleged that at first accused -Appellant No. 2 Kapila Sahu assaulted on the head of Gopal Behera with a Tangia. As a result, Gopal Behera sustained bleeding injuries and was going away from the place of assault, when Kulamani snatched away the Tangia from the hand of Kapila Sahu and gave three to four blows on the back of Gopal Behera. Gopal Behera fell down on the ground. Govind Behera was then coming to the land with a head load of seedlings. On seeing the assault on Gopal, he threw the seedlings and ran to the rescue of Gopal. At that time Akhaya Sahu assaulted Govind Behera with a Tangia on the right side of his head near the ear. Govind moved a few steps to save his life, but Akhaya chased him and assaulted him with the Tangia. This was followed by a free fight between the two groups. Govind and Gopal died at the spot and persons from both sides received injuries. F.I.R. was lodged by P.W.1 and police took up investigation. On completion of investigation, charge -sheet was filed against the Appellants and Ors. under Sections 148, 302/149, 302, 323 and 324 of the I.P.C. A counter case was also registered against the prosecution party on the F.I.R. lodged by accused -Appellant Kapila Sahu.

(3.) IN order to prove its case, the prosecution has examined seventeen witnesses including the medical officer and exhibited 31 documents. Defence did not choose to examine any witness, but exhibited seven documents including the injury report.