RATNAKAR SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants in this appeal assail the judgment of conviction and order of sentence dated 11.11.1992 passed by the learned Addl. Sessions Judge, Bhadrak in S.T. No. 88/33 of 1992.

(2.) The prosecution case in short is that one Madan Naik informant- P.W.1 and Madhusudan Panda of village Panchapada had taken one Panchayat tank of their village on lease for pisciculture for the year 1990-91 and had reared fishes. They caught fishes in the month of 'Asadha' and 'Baisakh' of 1991. On 1.6.1991, mid-night they having hired one water pump from one Kalandi Mahapatra of Dahanigadia, were lifting water from the said tank when Dayanidhi Naik, Madhu Panda and others were also present with them. It was around 1.00 to 2.00 A.M. when they were engaged in lifting the water from the tank, all the accused persons came there being armed with lathis and asked to stop the lifting of water. The request being declined, the accused persons assaulted them. It is specifically stated that the accused Krushna dealt a lathi blow on the head of the informant-P.W. 1 and accused Madan assaulted him on his left hand. A report to that effect being lodged at 7.30 A.M. on 2.6.1991 with the Sub-Inspector of Police, Bhadrak (Rural) Police Station, the case being registered; investigation commenced. Finally on completion of investigation, the accused persons were placed for trial for commission of offence under sections 148/323/149 IPC. In the trial the accused persons have taken the plea that despite the expiry period of lease as P.W. 1 with others were lifting water from the tank, they had been to the place and asked them to stop lifting of water when they were assaulted severely and one among them namely Lokanath Sethi facing murderous assault succumbed to death. It is their case that they have not assaulted anybody.

(3.) Prosecution in order to bring home the charges against the accused persons has examined five witnesses. P.W. 1, the informant is the star witness of the prosecution. P.W. 3 is son of P.W.1. One Balaram Naik has been examined as P.W. 2. P.Ws. 4 and 5 are the doctor and the Investigating Officer respectively.