DASARATH SENDHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant and five others stood trial in the Court of Session, Denkanal, for abetting and committing the murder of Dutia Bhukta (hereinafter referred to as the deceased). The learned Sessions Judge, while acquitting five others, convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) Shorn of unnecessary details, the prosecution case is that the appellant and the other accused persons since acquitted (hereinafter referred to as the accused party) belong to village Nagaon. They have got agricultural lands on, the bank: of river Mahanadi near village Satabandhuli to which the deceased and some others (hereinafter referred to as the prosecution party) belong. There is a piece of Ata land in Satabandhuli over which the accused party used to pass through with ploughs and bullocks in order to approach their agricultural lands. A dispute was raised between the people of these two villages with regard to the distribution of canal water from the minor irrigation project in Nagaon to the agricultural lands of Satabandhuli. The deceased and others believed that the accused party was responsible for obstruction of the canal water and so they did not allow them to pass through the Ata land with ploughs and bullocks so as to enable them to approach their agricultural lands. On account of the above, there were civil and criminal litigations between both parties and there was no love lost between them. The occurrence took place early in the morning of 29-9-1983. The accused party along with the appellant and some others arrived at the Ata land with their ploughs and bullocks so as to pass through it in order to reach their agricultural lands. The prosecution party led by the deceased prevented them saying that they were engaged in ploughing and sowing horsegram on the land. It is stated that the appellant was anned with a bow and arrow, as well as a Tangia. When he attempted to pass through the Ata land, the deceased and his brothers (prosecution party) physically obstructed him. When the appellant attempted 10 assault the deceased by means of the Tangia., the latter snatched away the same from his hands and raised it threatening that whoever would pass would be killed by him. At that time, the appellant shot an arrow from the bow which struck the right side of the chest of the deceased, as a result of which he sat down on the field. He extricated the arrow and then fell down. He was nursed at the spot and was taken to the hospital at Athmallik. His brother (P.W.1) lodged First Information Report at the Athmallik Police Station (Ext.1). Investigation commenced and the arrow which was produced at the police station was seized. The deceased was given treatment but when his condition deteriorated, the Medical Officer advised for his removal to the V.S.S. Medical College Hospital, Burla. Before the deceased could be removed, he died -at the hospital itself on 10-9-83. After investigation was over, charge-sheet was submitted against the appellant and other members of the accused party.

(3.) The plea of the appellant during trial was thai he had a right to pass over the Ata land in order to go to his agricultural land along with ploughs and bullocks. The deceased obstructed the passage and by snatching away his Tangia brandished it. Thereafter, he ran away from the place.