GAGAN CHANDRA PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two Appellants, Gagan Chandra Pattanaik and Birasen Behera, convicted under Section 302/34, I.P.C. and sentenced to undergo imprisonment for life have preferred this appeal. While the Appellants stood their trial under Section 302/34, I.P.C., another accused Dandapani Behera was tried under Section 109/302, I.P.C. but has since been acquitted.

(2.) THE case of the prosecution against the Appellants was that they were persons of rowdy character and on 19.10.80 i.e. the date of occurrence, at about 8 P.M., while P.Ws. 2, 4 and 5 along with some others had gathered at the shop of P.W. 1 Sauribandhu in Majhi Sahi to purchase cigarettes, the Appellant No. 1 -Gagan arrived there and asked P.W. 4 if he could be given a cigarette. His request was complied with by P.W. 4 and while the cigarette was being handed over to Gagan, Appellant No. 2 -Birasen came rushing from his house towards the shop with a sharp sword, otherwise called Kati, hurling obscene abuses due to which P.W. 4 took to his hills. At that time Appellant No. 1 also asked either for a Kati or Khanda from the people who had gathered and one Trinath Behera handed him over a Bhusa. Appellant No. 2 ran behind P.W. 4 and Appellant No. 1 followed Appellant No. 2. At that time, the deceased Gopi Gouda, the father of P.W. 2. and P.W. 7 Raghunath Behera were coming from their village Dhoba Sahi towards the shop of P.W. 1. P.W. 2 was following both the Appellants. The deceased meeting the Appellants asked them why they were running with Bhusa and Khanda and at that, the Appellant No. 2 dealt a blow on the head of the, deceased by means of the sword while Appellant No. 1 dealt a blow on his head, by means of the Bhusa. The deceased, receiving severe bleeding injuries, fell down and the Appellants fled away from the spot. Thereafter P.Ws. 2, 3, 4 and 6, another son of the deceased and P.W. 5 chased the Appellants but could not apprehend them. P.W. 2 brought his father, who was still alive, to the Chhatrapur hospital for treatment but because his condition was serious, on the advice of the doctor, was taken to the M.K.C.G Medical College Hospital, Berhampur, but on the way the deceased succumbed to the injuries. The dead body was thereafter brought to the Chhatrapur hospital where post mortem examination was conducted by the doctor, P.W. 8. P.W. 2 lodged the F.I.R. (Ext. 1) on which investigation was taken up end the Appellants were charge -sheeted.

(3.) THE prosecution case has been sought to be established through the evidence of P.Ws. 2, 4, 5 and 7 as the eye -witnesses and the oral dying declaration of the deceased sought to be established through the evidence of P.W. 6, another son of the deceased.