SIBA KHATUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Accused Siba Khatua being convicted for the offence punishable under Section 304 Part-II, I. P. C. and accused persons Kusa Khatua, Balabhadra Dehuri and Naba Khatua each having been convicted for the offence under Section 323, I. P. C. have preferred this Criminal Appeal as against the impugned judgment delivered on 31-10-1987 in Sessions Trial Case No. 38 of 1986 of the Court of Sessions Judge, Keonjhar.

(2.) The facts and circumstances leading to the aforesaid order of conviction is noted in brief in the following manner :- It reveals from the F. I. R. that informant Chandramani (P. W. No. 1) and Gajendra (P. W. No.2) are brothers. Laxmidhar Samal (P. W. No. 3) and Babulla (not examined) are the sons of Gajendra. The occurrence took place on 27-12-1985. That was a Friday. In the preceding Thursday night somebody pelted stones to the house of the sister of the informant. She reported it to P. W. No. 3. They were suspecting accused Siba Khatua to be the person behind that mischief. Without naming anybody, P. W. No. 3, in open street and in presence of accused Siba Khatua scolded the unknown culprit who pelted stones in the previous night. Because of that accused Siba Khatua picked up quarrel and chased P. W. No. 3 to assault. In retaliation P. W. No. 3 entered into his house and returned with a lathi. Because of that Siba Khatua left that spot and returned with the remaining accused persons (who were six in numbers). In the meantime, Babulla, the other son of P. W. No. 2, went to the paddy field and intimated about the quarrel to P. W. No. 2. On getting that information P.W. No. 2 immediately rushed to the house. P. W. No. 1 followed him a little after. P. W. No. 2 and his two sons standing on one side and the accused persons standing on the other side were quarreling and exchanging words. P. W. No. 1 after his arrival at the spot, disuaded the sons of P. W. No. 2 to keep quite. He also requested the accused persons not to continue with the quarrel. Without listening to that request, accused persons, being variously armed, attacked P. W. No. 2 and his sons. In that process, as alleged, accused Kusa Khatua and Balabhadra Dehury inflicted lathi blows and caused injuries on P. W. No. 2. In the process of dissuading accused persons P. W. No. 1 was also assaulted by lathi by accused Naba Khatua. In the same process of dissuading both the parties from the quarrel Baidhar, the deceased, was attacked by Siba Khatua who dealt blows by means of cycle chain causing severe bleeding injury. During the course of the occurrence accused Badan Dehuri was pelting stones at the informant parties. After such assault, on the aforesaid injured and deceased persons, accused persons left the place of occurrence. The injured were brought to the hospital and during treatment, Baidhar succumbed to the injuries on the self same day. The occurrence took place at about 10 A.M. on 27-12-1985 and on the same day, at about 2 P. M. P.W. No. 1 verbally reported the matter at the Police Out Post and that was noted in the Station Diary vide Ext. 3. Extract of the same was treated as the F. I. R. and marked Ext. 3/3. On the same day, the accused party also lodged a report and P. S. Case No. 126 of 1985 corresponding to G. R. Case No. 401 of 1985 was registered because some of the accused persons had sustained injuries.

(3.) On the basis of the aforesaid allegation, trial Court framed charges for the offences under Sections 147, 323/149 and 302/149, I. P. C. against all the accused persons. Separate charge was framed u/S. 323, I. P. C. against accused Kusa Khat.ua and Balabhadra Dehury for causing simple hurt to P. W. No. 2 by use of lathi. Similarly, separate charge for the offence u/S. 323, I. P. C. was framed against accused Naba Khatua for causing simple hurt to P. W. No. 1 by use of lathi. Separate charge was also framed u/S. 336, I. P. C. against accused Badan Dehuri for pelting stones and endangering lives of P. Ws. 1 and 2. Separate charge was also framed for the offence u/S. 302. I. P. C. against accused Siba Khatua for causing murder of deceased Baidhar.