- (1.) Appellants Jitu Acharya and Madan Kaibarta (hereinafter to be referred to as the accused) are stated to be in custody for the last about 14 years, therefore, preference has been given to the instant appeal for its final consideration.
(2.) Both the accused were charged for the offence under Sections 302/34 IPC for having caused the death of one Santosh Samal (hereinafter to be referred to as the deceased) on 26.05.2002 at about 3.30 A.M. failing within the jurisdiction of police station Rajnagar. The first informant is the wife of the deceased, namely, PW-8 Moti Devi on whose statement the present case was registered. She stated that she along with the deceased and daughters of real brother-in-law (in common parlance Bhatiji) namely, Baijanti Samal and Mausmi Samal had gone to nearby village known as Tentoposi where Chaiti Mela was organized and they had gone to see Chau Dance. It is further stated that in-laws of her daughter were also there and that the said Mela was organized in front of the house of her own daughter, namely, Geeta Mohanti. She further stated that after taking meal, they left for Mela and when they were enjoying it, both the accused asked them, whether they had come to see Mela, upon which the deceased told them that they should mind their own business. It is thereafter, both the accused left the place and they continued seeing Chau Dance. It is then alleged that both the accused sat beside them and started talking with each other. They were again scolded by the deceased and then they left the place. At about 12 O'clock in the night, she and the daughters of her brother-in-law (Bhatiji) came back and slept whereas her husband remained sitting there at Mela who returned at about 3.30 A.M. in the morning and told her to come along with him as he had to go for his work at 5 A.M. in the morning. It is then alleged that when they all were going to their village and came out of village Tentoposi and reached near the bank of the river where the house of the accused was situated on one side of the bank of the river, both the accused were found standing on the road and remarked that where were they going at the late night, upon which the deceased again scolded them. It is then alleged that when they were crossing Kharkhai river, both the accused again appeared from the back side and caught hold of her (first informant) and tried to outrage her modesty and made an attempt to open her Saree whereupon the deceased protested and released her from them, upon which a scuffle ensued between both the accused and the deceased. The daughters of her brother-in-law hurriedly crossed the river and shouted "save-save". It is then alleged that both the accused abused the deceased and said that since he had scolded them, they would not leave him, upon which accused Madan Kaibarta took out a knife from his pocket and gave an injury in the stomach of the deceased. Thereafter, accused Jitu Acharya also took the knife from the accused Madan Kaibarta and gave an injury in the chest of the deceased, consequently he fell on the ground. The first informant and daughters of her brother-in-law started throwing stone towards the accused and raised alarm also, upon which both the accused fled away from the scene of occurrence. The deceased succumbed to the injuries at the spot itself.
(3.) On the basis of the aforesaid allegations, formal F.I.R. bearing No. 21 of 2002 under Sections 302/34 IPC came to be registered in police station Rajnagar, investigation of which was carried out by P.W. Rajiv Kumar Singh which culminated into filing a challan against both accused who consequently were charged under Sections 302/34 IPC and now stand convicted and sentenced to undergo imprisonment for life, aggrieved thereof, both of them are before us through the medium of the instant criminal appeal.;