RABI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants, by filing this appeal, have questioned the judgment of conviction and order of sentence dated 31.05.1993 passed by the learned Addl. Sessions Judge, Sambalpur in S.T. Case No.157/61 of 1992. The accused persons facing the trial for commission of offence under sections 302/324/34 IPC, they have been convicted for commission of offence under section 324 IPC and each of them has been sentenced to undergo rigours imprisonment for a period of one year.

(2.) The prosecution case in short is that the accused persons are related to each other. It is stated that on 1.4.1992 one Manda had been murdered by the informant of the present case who has been examined as P.W. 1 and her sons namely, Chintamani and Santosh. Said Manda is the wife of the brother of the husband of the informant. Manda and the family of P.W.1 had dispute in relation to land. It is alleged that on the date when the deadbody of the Manda was lying, these accused persons being armed with lathi and gainti came to the house of the informant. Then they mercilessly attacked Santosh son of P.W. 1, which led to his death. P.W. 1 when protested she was also assaulted by the accused persons and sustained injuries. The report being given by P.W.1 at Rairakhol Police Station, P.S. Case No. 27 of 1992 was registered. Investigation being completed, the accused persons were finally put to trial for commission of offence under sections 302/324/34 IPC.

(3.) The defence is one of complete denial. It is the plea of accused Debadhi that they had gone to bring the deadbody of Manda which was lying near the brick kiln and at that time, there was scuffle between him and Santosh who was then holding a gainti. During that scuffle deceased fell down and had sustained injury.