BALGOPAL PANDA Vs. STATE

JUDGEMENT

(1.) In all 15 accused persons, including the appellants and injured Srikara Panda and Banamali Panda, stood trial for having committed offences under Sections 148, 323 and 302 read with Sections 34 and 149 I.P.C. in the court of the learned Sessions Judge, Balangir. Out of them, appellant Balgopal was convicted for offences under Sections 302 and 323, appellant Jalbudu was convicted for the offence under Section 325, and appellants Digri and Bharat were convicted for the offence under Section 323 I.P.C. While appellant Balgopal was sentenced to undergo imprisonment for life, the others were sentenced to undergo imprisonment for various terms. The rest of the accused persons were acquitted of all of charges. In this appeal, the conviction and sentence of the appellants have been assailed.

(2.) Facts of the prosecution case are narrated in brief. There is a hill, named, Barapahad from which a natural stream, locally known as Arakha Khol flows and irrigates lands of villages Khagsakana and Kandhapali. The villagers of neighbouring village Rajapali attempted to divert the water of the stream so as to irrigate their own lands and with that end in view, two days prior to the occurrence, dug a Nala from it, as a result of which the water of the stream was diverted to the lands of village Rajapali. The villagers of Khagsakana did not tolerate it and raised a Bandha to stop flow and diversion of water through the Nala. On the date of occurrence, namely, 27-9-1984, at about 8.00 a.m., the informant (P.W. 1), the deceased (Bibachha Padhan), P.Ws. 6 and 7 and some others belonging to Khagsakana came near the stream to watch the flow of water and sat under the shade of a Guhuria tree standing beside Burda Sonepur road. About half an hour thereafter, the appellants and the other accused persons being armed with lathis came and severely assaulted P.W. 1, the deceased and P.Ws. 6 and 7. During assault, the main part was played by appellant Balgopal who severely assaulted the deceased on his head resulting in serious bleeding injuries. After assault, the appellants and the other accused persons fled away. The deceased was carried in a severely injured and unconscious condition to his, own house where he breathed his last. P.W. 1 lodged FIR before the police in the village itself, after which investigation commenced. The dead body was sent for postmortem examination. Search and seizures were made Prosecution witnesses were examined. Injured witnesses were sent for medical examination. After close of investigation, charge-sheet was submitted.

(3.) The defence of the appellants was total denial of their participation in the alleged offences. On the other band, they pleaded that P.W. 1 and the other villagers attacked and assaulted the villagers of Rajapali by Tangis resulting in serious injuries on two of the accused, named, Srikara Panda and Shankarsan Panda. The additional plea of appellant Balgopal was alibi on the ground that he was living in village Paikabahal where he was serving as a teacher in the local M.E. School.