BALLAV PADHAN AND TWO ORS. Vs. STATE

JUDGEMENT

(1.) THE three Appellants have been convicted by the learned Additional Sessions Judge of Berhampur under Sections 302/34 and 307/34, Indian Penal Code, and each of them has been sentenced to undergo R.I. for life and pay a fine of Rs. 500/ - or in default suffer R.I. for a period of six months more.

(2.) ONE Gajendra had four sons Dharma, Ballava, Rajiba and Biswanath. Kamal p.w. 13 is the paternal uncle of these four brothers. These four brothers had become, separate from Kamal as also inter se living in separate mess and having their separate properties. Over the irrigation from a channel for Podu cultivation a dispute arose between Ballav on one side and Kamal on the other. A complaint was made before the local Naib Sarpanch p.w. 8. He, however, settled up the dispute on 30.10.1967 in terms whereof Ballav was to pay Rs. 100/ - to Kamal. Ballav wanted a week 's time to make the payment. Kamal had certain lands near about upon which ten date trees and a house were located. P.W. 13 had also certain date trees at a little distance. On 3.11.1967, p.w. 5, a brother of Ballav, found the three accused persons sitting near the date trees and drinking liquor. P.W. 4, the other brother of Ballav, also saw them there that evening. Accused Adinga and Dukhishyam upon query from p.w. 4 stated to him that they were there as desired by Ballav in connection with some plan. It was already dark Ballav went into the village and procured from p.w. 1 a lantern and lighted the same. The three accused persons and at the instance of Ballav p.ws. 4 and 5 went to the orchard of Kamal p.w. 13. Dukhishyam held the lantern and showed the light to accused Adinga who claimed on some of the date trees one after the other, took out from his pocket a small bottle and poured something therefrom in the earthen pots attached to the trees for collection of date juice. Ballav stated to p.ws. 4 and 5 on Their query that some enchanted medicine was being poured into The earthen pots so that when juice would be drunk by Kamal he would die and the accused Ballav would not be required to pay Re. 100/ - in terms of the settlement of the Naib Sarpanch. Next morning p.w. 11 the elder son of Kamal brought down the earthen pots from the trees. P.w. 12, the younger brother of Balaram p.w. II boiled the juice for better fermentation. The drinks were prepared and by then Hari (the deceased), Kanka Bhuyan p.w. 15, Khata Gamango p.w. 14 and Padhan Arsi p.w. 16 came over and joined p.w. 13 Kamal. All the five along with p.w. 11 enjoyed the boiled date juice. Hari took twice as much as others. Soon after the drinking was over these persons felt burning sensation in their throats and chests and had reeling of heads. They also purged and vomited. Had was carried, home where he died by the morning of 6 -11 -1967. Others, however, survived.

(3.) AT the trial 21 witnesses were examined for the prosecution including, the victims who suffered from the drinks mixed with poison. The learned Additional Sessions Judge attached considerable importance to the evidence of p.ws. 4 and 5 and found some corroboration from the other witnesses. Though the learned trial Judge found that The police bad not carried on investigation properly and had not conducted the same in a clean manner yet he accepted the prosecution case and convicted the Appellants in the manner aforesaid.