SAUKI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is filed by accused persons Sauki Pradhan and Gangadhar Pradhan (hereinafter referred to as 'the appellants'. They have challenged the impugned order of conviction under Section 302 read with Section 34. I.P.C. and sentence of rigorous imprisonment for life thereunder recorded by learned Additional Sessions Judge. Sambalpur in S.T. Case No. 4/20 of 1993.

(2.) PROSECUTION case is very simple. On 14.6.1992 appellants were taking bath at the tube well of their village. It was evening time. Pravaka'r (hereinafter referred to as the deceased) and his son Saroj came there. The deceased found appellants making that area muddy. He objected to that. There was altercation between them. At that time accused Bhulku, Bhikari an Kalabati came there. Accused Bhulku and Bhikari caught hold of the deceased. In the meantime appellant Gangadhar brought a knife from his house nearby. He was trying to stab the deceased. At that juncture appellant Sauki took away the said knife from him. Then he dealt blows by means of the said knife on the chest, belly and back of the deceased. As a result, he succumbed to the injuries. On the F.I.R. (Ext.3) lodged by P.W.2. Brajrajnagar P.S. Case No. 116 of 1992 was registered. During investigation Police held inquest over the dead body. It was sent for autopsy. On completion of investigation appellants were charge sheeted.

(3.) PROSECUTION examined 12 witnesses in proof of charges against the appellants P.W. 1 is a Doctor. He conducted autopsy. P.Ws. 2 and 3 are sons of deceased. P.W.4 is an independent witness. P.W.5 is his son. P.W.6 is a co villager. P.W.7 is an inquest witness. P.W.8 is a Constable. P.W.9 is a Ward member of Charbati Panchayat. P.W. 10 is the I.I.C. of Brajrajnagar P.S. P. W. 11 is a seizure witness and P.W. 12 is another Doctor. He examined injured Dolamani Pradhan and Saroj Kumar Pradhan.