KONDRA PARAJA AND 6 ORS. Vs. THE STATE

JUDGEMENT

(1.) THESE seven Appellants along with two others, were charged under various sections of the Indian Penal Code and stood their trial in the Court of sessions. All the nine accused persons had been charged under Sections 120B, 148, 302/149, 201 and 302, Indian Penal Code. In addition, the two acquitted persons were charged under Section 364, Indian Penal Code., for having abducted the deceased in order that he may be murdered. Accused who is also Appellant -I was further charged under Section 379, Indian Penal Code., for having committed theft of Gomaohha of the deceased.

(2.) THE Sessions Judge by his judgment dated 11 -9 -1967 passed in Sessions case No. 3/67 acquitted accused Nos. 8 and 9 of the charges brought against them. He convicted the remaining seven accused under Sections 302, read with Sections 149, 148 , and 201 of the Indian Penal Code and sentenced each of them to undergo R.I. for life under Section 302/149. No separate sentence was passed for their convictions under the other two sections, 148 and 201, Indian Penal Code. Appellant -I was also convicted under Section 379, but there was no separate sentence for the same. The prosecution case, in brief, is this : All the Appellants and the deceased are residents of village Kamata and are co -villagers as such. Appellants 1 to 6 who are Parjas, belong to Parja Sahi of the Village. Appellant No. 7 and the two acquitted accused persons are Dombs and are residents of Domb Sahi.

(3.) THERE was long standing enmity between Appellants 1 to. 4, who are brothers, on one hand, and the deceased on the other. They were not on speaking terms. The other accused persons, namely, accused Nos. 7 to 9 were either inimically disposed towards the deceased or related to those who were so disposed. In the past, disputes between them bad been compromised, at the intervention of third parties, from time to time. Despite such settlements the undercurrent of ill -feeling did not abate and the tense feeling continued prevailing. This long standing animosity was finding visible expression in the form of commission of offences relating to person as well as to property.