Virender Singh, C.J. - (1.) APPELLANTS Shiv Ram Barik and his wife Sumitra Barik (to be referred to as 'accused' only) faced the trial for the charge of Section 302/34 of Indian Penal Code for allegedly committing the murder of one Jagarnath Jyotishi, husband of PW -Subhadra Jyotishi on 21.10.2001. Their two sons were also booked along with them but being minor, their case was segregated and sent to Juvenile Court. Both the accused now stand convicted for the aforesaid charge vide impugned judgment and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/ -, in default thereof, rigorous imprisonment for three months. They have also been slapped with a fine of Rs. 10,000/ - which is ordered to be released to PW -Subhadra Jyotishi, the wife of the deceased.
(2.) MR . Tripathy, learned Senior Counsel, submits that accused Shivram Barik, by now, has undergone 12 years of his substantive sentence as he is in custody since the date of his formal arrest. However, accused Sumitra Barik is on bail as her substantive sentence was suspended by this Court in July, 2003. The case of the prosecution in brief is as under: - - "PW -Subhadra Jyotishi got the formal FIR registered in Police Station Rajnagar on 22.10.2001 alleging therein that on 21.10.2001, certain persons of village had burnt tyres in course of chasing the errant elephant in the village and her husband was also burning tyre at his doorstep to frighten the errant elephant, when in the meantime accused Shivram Barik, armed with Tangi, his wife Sumitra Barik and two minor sons Meghan Barik and Jugal Barik appeared there. It is then alleged that accused Sumitra Barik and her two sons caught hold of the deceased and accused Shivram Barik assaulted him by Tangi causing several injuries which landed on neck, throat, chest and other parts of the body and when she tried to intervene, accused Meghan (minor) chased her to assault but she raised hulla which attracted her daughter. House of the accused is stated to be in front of the informant. The cause of murder projected is an old rivalry owing to some altercation, in common parlance (MAAR -PEET) which happened seven years ago. On these allegations, a case was registered under Section 302/34 IPC and investigated. After submission of challan, both the accused were charged under Section 302/34 IPC and faced the trial."
(3.) IN support of its case, prosecution has examined the following witnesses: - - "PW -1 - Bhibhuti Bhushan Jyotishi PW -2 - Shiv Kumar Jyotishi PW -3 - Anand Mahto PW -4 - Ashok Kumar Jyotishi PW -5 - Dilip Kumar Jyotishi PW -6 - Subhadra Jyotishi (Informant) PW -7 - Anita Jyotishi PW -8 - Manoranjan Jyotishi PW -9 - Dr. Vinod Kumar Pandit PW -10 - Hari Nandan Prasad (Investigating Officer)";