KESHABA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment dated 5th August, 1999 passed by learned Addl. District & Sessions Judge, Berhampur in Sessions Case No. 1/98/SC No. 322/97 (GDC) convicting the appellants for commission of offence under Sections 302/307/34, IPC.

(2.) As per the prosecution case, on 2-8-1997 accused-appellants cut the ridge of the agricultural land of the informant, for which there was altercations between the informant group and the accused persons. Due to intervention of village 'Bhadralokas' accused persons left the place and went to their houses. Sometimes thereafter the informant Jogi Naik came out of his house by hearing shout in front of Hadu Naik's house and saw that Kesab was armed with a 'Farsa Khadala armed with a sword and Hadu armed with a lathi. Bhikari (deceased) and Ishwar were lying down with profuse bleed-ing on the floor. Ulla Naik was trying to separate the accused persons. Bhikari sustained severe injury on his head. Ishwar also sus- tained injury on his head, back and left hand. Bilasini Naik and others were present at the spot. Bilasini Naik stated that both Khadala and Kesaba assaulted her, Bhikari and Ishwar. Thereafter the accused persons left the spot with the weapons of offence.With the help of other persons, informant took the injured persons to Jagannath Prasad Hospital. By then Bhikari Naik was dead and Ishwar Naik was struggling for life. Then the informant lodged a written report on 3-8- 1997 at Jagannath Prasad Out-Post, and on his report Police registered a case, investigated into the matter, seized the incriminating materials and submitted charge-sheet against the accused persons under sections 302/307/326/324/323 read with Section 34, IPC.

(3.) The plea of the accused persons was one of complete denial.