HARI KHILLO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellants stood convicted under Sections 302/34 of the Indian Penal Code by the learned Sessions Judge, Koraput in Criminal Trial No. 444 of 2004 and each sentenced to undergo imprisonment for life and to pay fine of Rs. 1, 000.00 in default to undergo further R.l. for the months.

(2.) The prosecution case was that on the date of occurrence, i.e., 05.07.2004 at about 5.30 A.M. Sonu Khilla and Raman Khilla of village Todinga, two brothers, me victims were cultivating a piece of land. At this time, the three accused persons along with the Mahadev Guntha being armed with spears reached there and prohibited the victims from cultivation. There was some altercation between them and the accused persons assaulted the victims by means of spears causing severe bleeding injuries, which resulted in death of the two victims at the spot. The appellants fled away immediately thereafter and the entire occurrence was witnessed by the persons, who were also cultivating in the adjacent fields. Thereafter, one brother of the deceased persons, who was also in the adjacent field along with others rushed near the victims and finding them dead, lodged FIR. at Padwa Police Station, Pursuant to which the case was registered. It was also alleged that one accused, namely, Hari Khillo surrendered at the Padwa Police Station with the alleged weapon of offence and confessed that he has committed the murder of the deceased persons.

(3.) In course of investigation police visited the spot, conducted inquest over the dead bodies, seized bloodstained earth from the spot, the accused persons were arrested and the weapons of offence were also seized. Post-mortem Examination was conducted and the incriminating materials were sent for Chemical Examination. After completion of investigation, charge-sheet was submitted against three appellants, and one Mahadev Guntha, who allegedly accompanied the accused persons at the time of the occurrence, was not charge-sheeted.