STATE OF ORISSA Vs. BALARAM PRADHAN

JUDGEMENT

(1.) In this Government Appeal the State of Orissa challenges the judgment of acquittal recorded with respect to the respondents, who are accused persons in Sessions Trial Case No.16/99 of 1987. The IInd Addl. Sessions Judge, Puri vide judgment dated 20th February, 1989 has acquitted the accused persons of the offences for which they have been charged. It is borne out from the record that killing of two persons and hurting quite a few other witnesses for which offences under Sections 302/323/325/34 of the I.P.C. have been variously framed against different accused persons.

(2.) The case of the prosecution in short is that P.W.1, Chailla Pradhan, on 11.12.1985 at about 9.30 P.M. submitted an oral report before the Satyabadi P.S. at Sakhigopal Government Hospital alleging that at about 4 P.M. he along with deceased Jugal Pradhan and Abhaya Pradhan and the injured Maheswar Pradhan were going to their lands located at Mankudidhipa Danda to collect the paddy sheaves. When both the deceased and Maheswar proceeded ahead, the informant was walking at the back. At that time they saw the accused persons were cutting paddy in the disputed Anabadi Plot No.1484 and the other accused persons were standing there being armed with lathis and bahungis. When the accused persons saw them they rushed and encircled Jugal Pradhan, Abhaya Pradhan and Maheswar Pradhan. The accused Naba Kishore Pradhan dealt a blow by means of lathis on the head of Jugal Pradhan and on account of such assault he fell down. While he was lying accused Bansidhar Pradhan also assaulted him by means of a lathi. Accused Giridhari Pradhan and Bhagaban Pradhan assaulted the deceased Abhaya Pradhan on his head by means of lathis. The accused persons were assaulted P.W.2-Maheswar Pradhan for which he fell down on the ground. When his father Bairagi came to rescue of his son Maheswar, he was also assaulted on his head. When he and Naran Pradhan (P.W.3) raised protest, he was assaulted by accused Bansidhar Pradhan with lathi and he sustained injuries on his right hand. Accused Biswanath Pradhan also assaulted him and on account of assault he fell down on the ground and became senseless. After regaining his sense he saw that Gangadhar Pradhan (P.W.8), Dinabandhu Pradhan (P.W.11), Nabaghana Pradhan (P.W.5) and Sarbeswar Pradhan (P.W.7) had sustained injuries on their persons. It is stated that after the assault they were shifted to Sakhigopal Hospital in carts. On the way Jugal Pradhan died and Abhaya Pradhan succumbed to the injuries at the hospital. After lodging of the F.I.R., the Investigating Officer took up the investigation of the case and took all necessary steps for investigation of the case and finally submitted charge sheet for offences alleged above.

(3.) The plea of the accused persons is a denial one. The defence without disputing regarding the death of the deceased Jugal Pradhan and Abhaya Pradhan, the injuries sustained by all the accused persons denied to have assaulted them. They have further taken their plea in Section 313 Cr.P.C. statement that the disputed land belonged to the accused Bansidhar Pradhan, who was in possession of the land and had raised crop in the disputed year in question. On the alleged date of occurrence, the prosecution party including the so-called deceased persons and the injured persons forcibly cut the paddy from that land. When accused Balaram Pradhan raised protest, he was assaulted there. Hearing the incident, when they went to the spot and raised protest they were also assaulted. It is further revealed that they have taken the plea that they were snatched away the lathis from the hands of the witness and other persons and whirled the same. In other words they have taken the plea of right to private defence both of persons as well as of property.