SARAT CHANDRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two criminal appeals arise out of the judgement passed in Sessions Trial No. 27 of 1983 and have been heard analogously. In the former appeal the appellants were acquitted of charges under Sections 147, 148, 324 and 302 read with Section 149 and were convicted under Section 323, I.P.C. but sentenced to undergo rigorous imprisonment for six months each. In the latter appeal, appellant Biswanath was convicted under Section 302, I.P.C. and was sentenced to undergo imprisonment for life. The other two appellants, like the appellants of the former appeal, were only convicted under Section 323, I.P.C. and were sentenced to undergo rigorous imprisonment for six months each after acquittal of the other charges. This common judgement will govern both the appeals.

(2.) Prosecution case stated in brief is that on 7-10-1981 at about 7.00 a.m. to 8.00 a.m. Nira, brother of P.W. 1 was cleaning the ground at the root of a coconut palm planted about seven years back in front of his house by scrapping the grass by means of a spade. While he was doing so, accidentally some earth fell on the homestead of appellant Sarat to which he took exception and thus a quarrel ensued. P.W. 1 arrived at that time and suggested for demarcation of the homesteads of both to which appellant Sarat did not agree. But some gentlemen of the village intervened and temporarily pacified the parties. P.W. 1 thereafter left the place to take his bath. While he had gone up to a distance of about 100 cubits, he heard the shouts of the deceased. When he came back, he found that the deceased was being assaulted by some of the appellants. In course of the incident, some villagers arrived at the spot. They found that the appellants were indiscriminately assaulting the inmates of the house of P.W. 1, including P.W. 1 himself, and caused bodily injuries to them. Appellant Biswanath picked up a spade (M.O. 1) and dealt two blows on the head of the deceased who had by that time fallen on the ground on being assaulted by means of lathis by others. As a result of the assault by the spade, he received severe injuries. He was removed to Nischintakeili P.H.C. and for better treatment he was later brought to the S.C.B. Medical College Hospital where he succumbed to the injuries. One of the brothers of P.W. 1, namely, Madhusudan Naik (P.W. 5) lodged the F.I.R. (Ext. 1) at Salipur Police Station, after which investigation commenced. In course of investigation, P.Ws. 1, 2, 3, 5 and 7 were examined by the Medical Officer of Nischintakoili P.H.C. who found simple injuries on them. After close of investigation, charge-sheet was submitted against all the appellants for having committed offences under Sections 147, 148, 323, 324 and 303 read with Section 149, I.P.C.

(3.) The plea of the appellants was denial of their participation in the occurrence. They stated that a false case was brought against them on account of previous enmity.