PUTUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In these two appeals, the appellants being the convicts in Sessions Trial No.283 of 2009 of the court of learned Sessions Judge, Keonjhar assails the judgment dated 13.7.2011, whereby they have been convicted for the offence U/s. 302/34 of IPC and has been sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- for the offence U/s.302/34 of IPC, failing which each of the convicts is to further sentenced to undergo rigorous imprisonment for two years for the aforesaid Sections. The convicts are further sentenced to undergo R.I. for six months for the offence U/s.323/34 of IPC and simple imprisonment for 15 days U/s.341/34 of IPC. The substantive sentences are to run concurrently. The fine amount, if realized to be paid to P.W.2, the son of the deceased.

(2.) Case of the prosecution is that on 15.06.2009 at about 7 P.M. the deceased Sartha Mahanta along with his son Nakula Mahanta (P.W.2) were proceeding from their house at Dasarathipur to Rengalabeda bus stand in their motor cycle bearing Registration No.OR09-D-7546. The accused Sadhu Munda was standing on the road along with five to six others being intoxicated. When the deceased reached near them, they did not leave any space to pass the motor cycle. When the deceased requested Sadhu to leave space to pass on the motor cycle, the accused assaulted him by a bamboo lathi on his head for which Sartha became unconscious and fell down on the ground. Thereafter the accused Sadhu dragged the deceased and assaulted him by bamboo lathi. When P.W.2 approached near his father, he was also assaulted. At that time some ladies nearby interfered and separated them. As there was severe bleeding from the head of deceased, he was taken to D.H.H., Keonjhar from where, as his condition became serious, he was taken to Cuttack for treatment but on the way he succumbed to the injuries. Artatrana Mahanta, the younger brother of the deceased lodged a written report regarding the incident at Turumunga P.S. on 16.6.2009 at about 7 A.M. On this report P.S. Case No.35/09 U/ss. 341/323/307/34 I.P.C. was registered against the accused Sadhu Munda. During investigation of the case the deceased Sartha succumbed to his injuries on the way to Cuttack for which case turned to a case U/s.302 IPC. After due investigation charge-sheet was submitted against these two accused persons to stand their trial.

(3.) The plea of the accused Sadhu Munda is that on the occurrence day he had taken his wife to medical and while returning to his house he found the deceased was lying on the road. On asking, the son of the deceased, he could not tell anything. Thereafter, he came away to his house and police has falsely implicated him in this case. The plea of the other accused is that he found both the deceased and his son were lying on the road and the motor cycle was lying at a distance. They had given water to the father and son, but they have been falsely implicated in this case.