GANESH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Additional Sessions Judge, Cuttack, convicting appellants Ganesh and Sanatan under Section 302 and sentencing both of them to undergo imprisonment for life, and the other appellants under Sections 147 and 324 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for six months.

(2.) Prosecution case may be stated in brief. The appellants on one side and the deceased, his brother (P.W.l) and other members of their family on the other, had enmity and litigations. The appellants had been convicted previously in sessions case for an offence under Section 304 of the Indian Penal Code when they had attempted to commits the murder of the elder brother of the father of P. W. 1 and the deceased. They had also previously assaulted the deceased for which G.R. Case No. 1053 of 1979 was initiated on 24.10.1979. In that case they were released on bail on 11.5.1981. The occurrence took place on 13-5-1981 at about 4 p.m. The appellants and seven others formed on unlawful assembly and attacked the deceased who was digging earth from the land by means of a Gainti. On being attacked, the deceased began to run. Appellant Sanatan was armed with a Tenta, appellant Ganesh was armed with an Ekmuna and the other appellants were armed with lathis. They stabbed the Tenta and Ekmuna and also assaulted the deceased by lathis, as a result of which, he died instantaneously. When P.W.1 came to the rescue of the deceased, appellant Ganesh stabbed him with the Ekmuna and the other appellants assaulted him. In order to save his life, P.W. 1 run away. After the assault was over, the deceased was taken to Pritipur Dispensary here he was declared dead. P. W. 1 lodged First Information Report (Ext.1) with the assistant Sub-Inspector of Police, Elakunda Out-Post who come to the said dispensary. In due course, investigation commenced and the appellants and seven others were charge-sheeted.

(3.) The plea of appellant Gangadhar was that while he was going to his field with manure, he was attacked by P.W.1, deceased and others with deadly weapons, such as, Tenta and lathi and was assaulted. When he cried for help, his father, appellant Ganesh came to defend him and in order to save his life, he brandished a Tenta by which P.W. 1 and the deceased might have received injuries. The rest of the appellants and the other accused took the plea of alibi and false implication.